TERMS & CONDITIONS
By booking or participating in a residency (a “Residency´) with La Wayaka Current‘ ‘LWC’ (Lawayaka LTD.) you (“you”) agree to the below Terms & Conditions (the “Terms”). 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. La Wayaka Current reserves the right to change, alter or update our terms and conditions at any time.
1. YOUR RESIDENCY BOOKING CONTRACT
Your booking is confirmed and a contract exists when La Wayaka Current after receipt of the applicable deposit amount. Please check your confirmation and report any incorrect or incomplete information to La Wayaka Current immediately. If you are accepted less than 90 days before your arrival date full payment is required as soon as possible. Once you have secured your place via deposit, you will receive a confirmation and your place with us will be held safely until the deadline for paying the remaining amount (90 days before your arrival date.) We can not guarantee a place will be held without a deposit. We can also not guarantee a place will be held if they miss the remaining fees payment deadline (90 days before the residency start date).
You will be informed by email when you need to pay the final balance of your residency fees, 90 days before your arrival date. You will need to make a national or international bank transfer to our UK bank account in GBP currency. Please cover any corresponding bank charges so we receive the net amount correctly. All prices quoted are in GB Pounds (£) and per person, unless otherwise specified. All payments and refunds are due in Pounds. If you need an extension on the deadline for payment, would like to pay in instalments or for sending your deposit please notify us in advance by email. Failure to pay the full amount before the deadline results in the deposit being forfeited. We reserve the right to resell your place in the residency if full payment has not been received 90 days prior to the residency commencing. Bank fees, credit card charges, Stripe or Paypal fees incurred by transferring money are the sole responsibility of the guest.
You are responsible for checking the up to date residency fees, that will be attached in a PDF in our acceptance email. Please note that the initial deposit is only part of the fees and the remainder of fees will be due 90 days in advance. The deposit is non refundable and we will not issue a refund deposit for any confusions so please ask if you are unsure. You must be at least 18 years of age to make a booking and on the first day of the residency.
2. RESIDENCY EXCLUSIONS
Residencies do not include the following:
International or domestic airfare
Optional extras and activities (any meals, activities or tours not listed in the residency inclusions)
Entry visa to Residency destination
Passport (must be valid for 6 months after departure date)
Mandatory insurance (as mentioned in section 3 below)
Airport transfers outside of the group shuttle / flight window
Personal expenses
Negative Covid Test Result for Entry/Exit of your home country or destination (if required)
Costs incurred en route to and from the destination, extra food/drink outside the times specified (breakfast, lunch and dinner), working materials, alcoholic beverages, phone calls, items of a personal nature, extra guides or activities outside of the activities we have scheduled, and specific personalised services in the community other than specified as being included.
Food substitutes, luxuries and/or personal tastes (can be bought by the participants in local towns.)
Note that due to the nature of the places we work some of our programmed activities may be subject to change or cancellation based on weather, mechanical problems, problems in the community or local events and activities. Our specific program and location eg. accommodation may be subject to change within the contexts of the locations theme ie. Tropic, Arctic and Desert as the project develops, however the residencies core elements will always remain the same, providing a diverse and engaging experience in the location for residents. The core of this program is self-directed with some accompanying activities.
La Wayaka ltd. reserves the right to slightly alter routes, itineraries or arrival / departure times without prior notice should this be necessary due to weather, safety or other reasons that are beyond our control.
Please note we operate in rustic environments and there can be limited electricity and internet at some of our locations.
Residencies do include the following:
Accommodation at our base (shared sleeping quarters with shared toilet, shower and kitchen, rustic and local style)
Communal areas and outdoor spaces for working (participants should find it interesting to work outdoors outside of conventional studio environments, within the landscape, challenge their practice or creating site specific work using local tools and resources available in the area)
Local transfers to and from the airport of Calama on the start and end date of your residency on the start and end date of the program.
Entrance fees to National Parks and local taxes to local communities were applicable.
Curated Program. Our program timing is split between around half the time guided and immersive and the other half self-guided and independent to carry out your self-directed practice. We organise various cultural encounters, activities and excursions that are different for each group depending on the season and time of year you join us to accompany your self-directed practice.
Residency Team - You can expect a dedicated front of house to be available at the residency space during set hours with contact in case of emergency . We will be working with local drivers for the programme of artist research trips, and with local collaborators and translators during our programmed cultural encounters.
Workspace (outdoors in an oasis with tables and stools)
Drinking Water
Food / Supplies - Please check our most updated PDF to see how food will work and what supplies will be provided during your residency with us.
3. HEALTH, SAFETY & MANDATORY INSURANCE REQUIREMENTS
By entering yourself into a residency with us you are stating that you are in good physical and mental health in order to be prepared for any challenges that come with the residency. This could include but is not limited to; living communally and being in a physically challenging environment depending on the location (humidity, extreme temperatures, high altitude, dryness etc.) It is your responsibility to inform yourself of the nature of each place and come prepared. You should also be aware that in the places we operate it can be more difficult to access hospitals and medicines, so you will need to disclose if you have a serious condition for your own safety. Please talk to us if you are unsure about this. If you fail to disclose a condition, we reserve the right to ask you to leave the program if we feel a danger is present for your own health and/or the health and wellbeing of others. You should be aware that sanitary conditions may be different to what you are used to, in less developed parts of the world and you are responsible for taking care of your own health and bringing any necessary medications.
Health and safety also includes a commitment to acting responsible in the areas we work, respecting the advice of local guides in the nature and rural towns where we are based. This includes being careful and exercising caution at all times; if making arrangements or plans with strangers or individuals and understanding the risks of being in a foreign country, extreme natural environment and acting with caution rather than recklessly. You recognise this as your own responsibility and LWC is not responsible for any misguided decisions you make that could put you in harm.
Travel insurance is required to attend any Residency. You must purchase travel insurance with a minimum medical, evacuation and repatriation coverage of $200,000 USD, covid coverage, covering all applicable dates of travel. This insurance must cover personal injury and emergency medical expenses including coverage in the case you contract covid. Proof of insurance is required within 1 week of the Residency remaining fees being paid. 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 travelling. 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 residency, 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 La Wayaka Current on your final residency payment. La Wayaka Current is not a trip insurance provider and is not responsible for the specific terms of your policy. Insurance reimbursement for a Residency is not within La Wayaka Currents’ 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.
4. PRICES & SURCHARGES
La Wayaka Current will not increase the fees of your Residency after you have paid your deposit. Residency prices may vary at any time in accordance with demand, third party and/or collaborator fees and offerings, market conditions and availability. La Wayaka Current may offer discounted pricing or sponsored places from time-to-time on residencies. Discounted pricing applies only to new bookings and may not be combined. If a booking has already been made, you are not entitled to discount pricing.
5. DEPOSIT & FINAL PAYMENT
Residency fees are quoted in GBP. A deposit is required to confirm your Residency booking and is non refundable. Final payment of your balance is due 90 days before the Residency start date unless otherwise noted. Failure to make payment by the applicable due date may forfeit your booking on the residency and be treated as a cancellation. If a booking is made less than 90 days before the Residency start date, the full amount must be paid at the time of booking. LWC 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 LWC.
6. CANCELLATION BY RESIDENCY PARTICIPANT
You may cancel your booking by notifying LWC by email at contact@lawayakacurrent.com.
It is the Participant’s responsibility to contact La Wayaka Current and verify that their message was received to avoid any potential additional cancellation fees that may be incurred due to delayed cancellation. La Wayaka Current will take no responsibility for any costs associated with messages not being received, or a delay to inform us of their cancellation. The Residency Participant is responsible to ensure flights, travel insurance and any components booked outside of this retreat are cancelled and will adhere to the cancellation policy of each individual supplier. If you wish to transfer the booking to another Residency Participant, this has to be requested in writing to contact@lawayakaurrent.com and is subject to approval.
The following cancellation fees apply for booking cancellations and transfer requests:
Cancellations received:
Prior to 90+ days from the start of the booked residency date: You will forfeit the non-refundable deposit. If payment in full has been made, you may transfer the remainder of this payment – minus the non-refundable deposit – to a future retreat, to be used within 18 months from date of booking, or request a refund minus the balance of the deposit. If cancelled more than 90 days before the Residency start date, your initial deposit may be transferable to another retreat with a charge, depending on availability and if we can find someone for your spot. This is at the discretion of LWC.
Between 0 and 89 days prior to the start date of your booked residency: No refund or transfer is allowed and you will forfeit 100% of your residency fees paid, including the deposit.
COVID-19: Please note we are unable to offer a refund if you cannot join the residency due to having to isolate or being in close Covid-19 contact with a friend or family member. We cannot offer a refund if you contract Covid-19 yourself and are unable to join the residency. We highly recommend you purchase travel insurance for any Covid-19 related cancellations or delays.
Any refunds processed to you is at the discretion of La Wayaka Current. Credit card fees and payment processing fees will not be refunded.
Please note that initial deposits are non refundable and If you choose to join the Residency after the start date or leave prior to the end date, full payment of the Residency price will apply. Due to our commitment in the places we work to accommodation providers, guides, collaborators, transport companies etc, we cannot make any exceptions to the above-mentioned cancellation fees for residencies, even if you are unwell. We do not offer any credit for arriving late or departing early, missing activities or not using any part of the scheduled program. Any refunds provided are at the discretion of La Wayaka Current. We strongly recommend you purchase travel insurance.
You must submit your participation agreement, indemnity waiver form and proof of travel insurance at least 90 days prior to the residency commencing. If you have made your booking within 90 days of the residency start date, your documents are due within one week of booking.
7. CANCELLATION BY LA WAYAKA CURRENT
If La Wayaka Current is forced to cancel or change one of our scheduled residencies or their dates for any reason, excluding force majeure (see below) you may transfer your full payment to another residency within an 18 month period, subject to availability. You may also request a full refund. In the event of a cancellation or refund, we are not responsible for any currency fluctuations or bank charges and will refund the original amount from the original invoice. We are not responsible for any expenses incurred in preparation of any cancelled residency – i.e. aeroplane tickets, other accommodation booked, travel insurance, airport transfers, illness, loss of work etc.
We will not be liable for cancellation, failure of, or delay in performing our obligations under this agreement due to force majeure events including but not limited to; (Earthquake, hurricane, tornado, flooding, volcanic activity or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo or epidemic) or if certain conditions present unacceptable danger to the participant. LWC 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 LWC reasonable control, including, but not limitated to, 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 LWC.
We strongly recommend you to have travel insurance that will incur the costs if something like this was to happen. In case of any cancellation due to force majeure you will not be refunded and must make sure to have insurance that can cover this. 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, unfavourable exchange rate fluctuations, bank charges, travel insurance excess or non-refundable flights.
In circumstances where the cancellation is due to external events, LWC will reschedule the Residency to a future date and provide you written notice of the same. If the residency is postponed, your deposit and any payments will be transferred to the new dates. LWC 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 Residency or Activity due to a Force Majeure Event. LWC 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.
8. CHANGES & UNUSED SERVICES
You acknowledge that the nature of the Residency requires flexibility and acknowledge that you will permit reasonable changes to programs, services or itineraries by LWC. 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 LWC (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 Residency start date due to no fault of LWC, including your removal from a Residency because of your negligence or breach of these Terms. This includes meals, accommodations, activities, excursions, transportation, and any other residency inclusions as listed above.
9. ACCEPTANCE OF RISK
You acknowledge that the activities and inclusions offered on the Residencies by LWC may involve a degree of risk to your health and safety. By booking and travelling with LWC you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risks and release LWC 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 (optional) activities such as those included in LWC itineraries or otherwise offered by LWC. To participate in a Residency, LWC requires that you confirm your assumption of this responsibility by completing the participation waiver (the “Waiver”) prior to departing on your Residency.
You agree that LWC 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 Residency 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 Residency or, if in the opinion of LWC (acting reasonably), your behaviour is causing or is likely to cause danger or distress to others, LWC may terminate your travel arrangements on any service immediately at your expense and without any liability on LWC. 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 LWC or their suppliers for property damage, destruction or theft caused by you while on a Residency. You agree to immediately report any pre-existing damage to a representative of LWC 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 Residency 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 LWC nor its Third Party Suppliers (defined below) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to LWC as soon as possible in order to provide LWC the opportunity to properly address such complaints. You agree to inform your residency leader directly. LWC assumes no liability for complaints that are not properly brought to the attention of LWC and cannot resolve or attempt to resolve complaints until proper notice is provided.
10. THIRD PARTY SUPPLIERS & COLLABORATORS
LWC can make arrangements with accommodation providers, food providers and chefs, speakers, teacher(s), activity providers, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your Residency. Third Party Suppliers may also engage the services of local operators and sub-contractors. LWC 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. 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 LWC 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, any working collaborator(s) are unable to attend the Residency and perform their duties, LWC has the right to replace the collaborator(s). LWC 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.
11. LIABILITY
You acknowledge and agree that LWC and their respective employees, guides, collaborators, volunteers, affiliates, officers, directors, successors, sponsors, partners, representatives, and assigns (collectively, “La Wayaka LTD. 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 La Wayaka Parties or (iii) any acts or omissions of any other parties or (iv) force majeure events.
You, and on your behalf your executors, administrators, administrators, heirs, successors, and assigns release La Wayaka 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 Residency 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.
12. PHOTO AND MARKETING
Unless you specifically request that we not use any material in which your image is depicted you agree that, while participating in any Residency, images, photos or videos may be taken by other participants, LWC 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 licence to LWC, 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.
13. PRIVACY POLICY
Any personal information that is collected by LWC about you may be used for any purpose associated with the operation of a Residency. The information may be disclosed to our service providers or other suppliers to enable us to operate the Residency.
14. COVID POLICY
The 2019 Coronavirus (COVID-19, “Coronavirus”) is a known and rapidly evolving pandemic that is affecting travel worldwide, with continued spread and impacts expected.
You are fully aware of the current global COVID-19 virus outbreak, the current travel restrictions, 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 travelling.
In consideration of the residency services provided to you and with full knowledge and acceptance of the risks associated with travel, You, and on your behalf your executors, administrators, partners, administrators, heirs, successors, and assigns hereby releases, indemnifies, holds harmless and covenants not to sue LWC, 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. It is further understood and agreed that this COVID-19 Travel Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement is to be binding on Your heirs and assigns and You signs it on your own free will.
You understand and confirm that LWC 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 travelling to or through, as well as provided by all travel suppliers, including but not limited to: airports, airlines, hotels, 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 travellers 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 rapidly 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 LWC is made available solely for general information purposes. LWC does not warrant the accuracy, completeness, or usefulness of this information. LWC 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 travelling to or through, and with all Travel Suppliers, including but not limited to: airports, airlines, hotels, 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 travelling restrictions may be put in place before, during, or after travelling that may impede the ability to enter or exit travel locations or return home as planned. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE La Wayaka LTD. 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, 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 La Wayaka LTD. 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 La Wayaka LTD. for all consequences of travelling 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 travelling to and through and/or Travel Suppliers, including but not limited to: airlines, airports, hotels, tour agencies, transfer agencies, and/or any other provider involved in your booking.
15. ETHICAL RESPONSIBILITIES OF PARTICIPANTS
Please be aware that as a participant in a residency you are not entitled to photograph, film and intrude on local community members without permission, as well as other people involved in the project out of respect, without a prior agreement made directly between you and the person or persons involved. This includes working with schools and children.
We work in remote communities in respectful ways and strive to not act invasively or make anyone feel uncomfortable. If you work with people in agreement, it must be fair, clearly written and not exploitative, respecting the work of the actors or participants who wish to be involved in your project. You hereby agree to respect any local rules and regulations in communities on filming or photo's of people involved and will assume any charges, fees or consequences that might occur if breaking these rules.
You hereby agree that La Wayaka Current has no responsibility to you in facilitating a project for you that means working with community and or team members and you are responsible to make fair arrangements or collaborations independently under the wishes of those involved, depending on the case.
16. LIABILITY AGREEMENT
Any activity can be dangerous and there is an element of risk, both inherent in the activities of the residency and from hazards natural and man-made, which you are accepting by participating in this Residency. You alone assume responsibility for your own safety and equipment and must be both physically and mentally prepared and equipped with the appropriate gear. Only you can judge your skills relative to any and all conditions found in the extreme environments we operate in, be it jungle, desert or arctic (on the trail or water) and any possible risk associated with the experience in our programs. You alone decide when, where and how to proceed, or not.