Terms and Conditions

Please take time to read these terms and conditions governing services provided by The Banyans Health and Wellness and The Banyans Health Plus.

By making a reservation with The Banyans Health and Wellness, you agree to accept, without limitation or criterion, all of these terms and conditions of use.

All reservations made at The Banyans Health and Wellness are made subject to these terms and conditions and the person making the reservation will be deemed to have accepted these terms and conditions on behalf of all persons who will be staying or using the facilities at The Banyans Health and Wellness under the reservation (once the reservation is accepted and confirmed by The Banyans Health and Wellness).

Reservations may also be governed by and subject to additional terms and conditions which are applicable to individual guests as discussed separately.

You agree that you will make only legitimate reservations in good faith for use by you and your accompanying guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

 

Definitions

In these terms and conditions:

“We”, “our”, “us” and “The Banyans” means The Banyans Health and Wellness.

“You” and “your” mean the person who is making the reservation.

 

Separate Hospital Fees (if required)

Not included in the package prices are blood tests, any pharmaceuticals, or in-patient admission deemed necessary by Chief Medical Director Dr Christian Rowan or other treating doctor fees during inpatient admission.  After a medication review, medication no longer needed will be disposed of as per health guidelines. Should acute health needs be identified that require admission to a private hospital for treatment, additional treating doctor fees will be incurred. These costs will be payable by you before admission into hospital. If your treatment is longer than seven days, a further fee will be payable at the beginning of each seven-day period. In the instance that you require admission to hospital, some of your treating doctor charges are claimable from Medicare and your private health fund. Should admission to a private hospital be required, your private health insurance generally covers your hospital costs, apart from any excess you may have on your policy. However, you may incur extra costs, depending upon your level of cover or if your health fund does not have a contract with the hospital.  Should this be relevant, guests will be required to pay the estimated difference between the amount payable by the health fund (privately insured) and their total account. If not privately insured, the full estimated hospital charges must be paid prior to admission. Failure to provide payment may result in postponement or cancellation of your hospitalisation. This is estimated at $1,500 per day. Your treating doctor and the team from The Banyans will assist you to discuss costs relevant to your hospitalisation directly with the hospital. It is a requirement of your admission that the hospital will collect and store your credit card details. These credit card details will be stored securely for access by authorised personnel only. Following your discharge from the hospital, this credit card will be used for any remaining unpaid relevant expenses.

 

Photographic Identification

When you check-in, you may be asked to provide photographic identification.

If you are unable to provide such identification, your reservation may be cancelled and you may be liable to pay us an amount equal to the full reservation amount plus any other costs incurred by us in connection with your reservation.

 

Security Deposits and Authorisations

  1. You must provide an approved credit card authorisation or imprint when you check-in, and for a Residential Program or Day Program Booking you must make full payment for your booking and therapy program prior to check-in time.
  2. The approved card pre-authorisation may be used to cover incidental services and expenses including, but not limited to, additional requested therapies, telephone charges, security bond or deposit for any other approved services and charges incurred during your stay or cleaning or other expenses and charges in excess of the initial booking charges and therapy program expenses.
  3. For Residential Program and Day Program Bookings, this card authorisation may also be used to settle any outstanding charges and payments owed by you in relation to your booking, including unpaid charges and payments for the balance of your booking and authorised therapy programs, should you vacate the Banyans facilities prior to your scheduled date.
  4. The pre-authorisation process validates your credit card, and protects both the cardholder and The Banyans as the merchant from fraud incidents.
  5. The pre-authorised amount is set aside by the card issuer for a period of up to 14 days from the date of pre-authorisation and the pre-authorisation will affect your available funds balance or spending limit on the approved card. More information on pre-authorisation is available from your card issuer.
  6. Once a pre-authorisation has been made, The Banyans cannot release, remove or lower the authorised amount until we process the final amount on departure. This is a restriction imposed by the card issuer, and cannot be negotiated.
  7. Where a credit card is not available, a minimum $1,000 cash deposit may be required on check-in. (The actual deposit amount required may be higher for some programs at The Banyans).

Deposit & Final Payment

  1. For bookings other than The Life Audit Retreat Booking, a non-refundable deposit of 20% of program cost must be received immediately to confirm your booking and if the total cost of your booking is less than $20,000, full payment is required at the time of booking.
  2. For Residential Program Bookings, full payment must be received at least 10 days prior to your scheduled day of arrival or, if your booking is made within 10 days of your scheduled day of arrival, upon booking.
  3. For The Life Audit Retreat Bookings, full payment is required at the time of booking.
  4. For The Banyans Health Plus Day Programs, Banyans at Home and Telehealth Bookings, payment is required upfront and must clear prior to the first session being scheduled.
  5. If any pre-authorisation, deposit or final payment is not received by the due date, The Banyans reserves the right to cancel the booking and any deposit or other monies paid by you in advance in relation to your booking and any pre-arranged program may not be refunded and will be forfeited to The Banyans.
  6. The Banyans reserves all rights in respect of any refunds or cancellations in accordance with its cancellations policy.
  7. Once pre-authorisation and/or final payment of your booking has been approved and we have received confirmation of that payment, details about your booking and therapy programs will be sent to you via email or post, to the email or postal address you provided at the time you made the booking.

 

Payments, Rates and Charges

  1. Payments may be made by Visa, Mastercard, American Express, PayPal, or Telegraphic Transfer (allow five days transaction time).
  2. A non-refundable card surcharge will apply to payments made by Visa, Mastercard, American Express. Fees will apply to payments made by PayPal. The surcharge applied to these cards may vary and is displayed at the time payment for the booking is to be made. No surcharge will be applied to payment made using POLI internet banking.
  3. The currency applicable to any quoted rates will be specified in AUD with the quoted rate for the specified booking and therapy programs. All quoted rates are subject to change at any time until full payment is received.
  4. Quoted rates are inclusive of all compulsory government or regulatory charges and taxes (for example GST) where applicable.
  5. Quoted rates may not include flights to or from The Banyans or additional items of a personal or specific nature (including, but not limited to, dry cleaning, telephone, taxis, airport taxes), unless otherwise indicated and approved at the time of booking.
  6. Some rates that are quoted are valid only for a minimum number of nights and for particular specific therapy programs. If the number of nights included in your booking and/or the therapy program changes, or other specific guest requirements or personal requests are made, the rates and charges may also change.
  7. The Banyans reserves the right to make and notify you of any required changes and the applicable changes in charges and rates prior to or during the course of your program. Blackouts and special events rates or periods may also apply at the reasonable discretion of The Banyans.
  8. Please consider the information provided and visit The Banyans website at www.thebanyans.com.au or contact The Banyans Reservations Team direct on 1300 226 926 for further information on specific programs, inclusions and exclusions, and the applicable rates and charges.

 

Reservation, Amendment and Cancellation Policy

  1. Any amount paid by you to The Banyans for your booking and therapy programs (including deposits) will be dealt with as stated in these Terms and Conditions.
  2. The Banyans reserves all rights and discretions with respect to changes and cancellations in accordance with these terms and conditions.

Amendments

  1. All amendments are subject to the availability of the reservations and therapy programs and applicable pricing of the relevant booking and therapy program at the time the amendment is requested.
  2. Amendments for Residential Bookings and therapy programs may be requested by notification to The Banyans Reservations Team, within the following time frames:
    • For date changes of more than two calendar days – five days’ notice is required.
    • For date changes of more than five calendar days – 10 days’ notice is required.
  3. Other than for Life Audit Retreat Bookings, the following charges will apply to amendments requested and approved within these timeframes:
    • Up to 10 days prior to your scheduled check-in time: no amendment fee with apply;
    • Within 10 days of your scheduled check-in time: a $750 amendment fee will apply.
  4. If the rates that applied to an amended booking and therapy program are greater than the rate applied to the original booking, you must pay the difference along with any amendment fee in full at the time the amendment is approved. Confirmation of changes will be provided.

Cancellation

  1. For Residential Bookings and therapy programs, if you cancel your booking prior to arrival, the following charges will apply in relation to each booking notified to The Banyans within these timeframes:
    • Up to five days prior to your scheduled check-in time: 25% cancellation fee with apply;
    • Within four days of your scheduled check-in time: a 50% cancellation fee will apply.
  2. For Day Programs, if a day of treatment is cancelled or rescheduled with more than three business days notice, no cancellation fee applies. If a day of treatment is cancelled or rescheduled with less than three business days notice, the consultation will be counted as completed off the total number remaining on your agreement. Please refer to our refund policy as stated above.
  3. If a Banyans at Home or Telehealth Appointment is cancelled or rescheduled with more than one business day notice, no cancellation fee will apply. If a Banyans at Home or Telehealth Appointment is cancelled or rescheduled with less than one business day notice, the consultation will be counted as completed off the total number remaining on your agreement. Please refer to our refund policy as stated above.
  4. Any cancellation fees payable by you will be deducted from any card authorisation, deposit or other monies paid by you to Banyans and if insufficient funds are available, Banyans may charge, and you acknowledge you have authorised Banyans to charge, the pre-authorised credit card (the details of which you provided at the time of making your booking).
  5. Where applicable the balance of any monies paid by you after any applicable cancellation fee has been deducted will be refunded to you as or may be held by The Banyans as Booking Credit that subject to approval by you, may be applied to any future bookings you make with The Banyans for a period up to six months.
  6. Any merchant surcharge applied to credit cards at the time of booking will not be refunded.

No-Shows or Terminations

  1. If you do not present for check-in for your booking or terminate your booking after you have checked-in, you will be charged a 100% cancellation fee and will be required to pay to The Banyans the full amount of your booking less any amount that you have already paid in accordance with these terms and conditions.
  2. If a Banyans at Home or Telehealth Appointment is not attended, a cancellation of 100% of the fee for that session will be applied.
  3. At the discretion of The Banyans, any cancellation fees may be considered for a contribution towards a future program.

 

Aftercare Program

  1. On occasion, our practitioners may be unavailable for the Aftercare Program. If this circumstance arises, the program will continue at a rescheduled date or in the case of long absences, transferred to another therapist. Please note the Aftercare Program is not as intense as the residential component of the program and is not designed to provide emergency support.
  2. We will make every effort to contact the guest during their Aftercare Program. In the event that three consecutive sessions are missed in the Aftercare Program, the program will cease to continue.
  3. If there is no contact from the guest for three months in the Aftercare Program, the program will cease to continue.
  4. Please note that not all programs include an Aftercare Program. Your Program Overview, which you received during induction, outlines whether Aftercare is included in your program and its specifics.

 

Check in and Check out

Check-in time is indicated on reservation confirmation.

You agree that we may apply a charge if your required check-in time requires us to keep the room empty on the previous day.

You must advise us of any change in the number of persons using the room and agree to pay any additional charges for additional persons not included in the number stated at the time of registration.

Standard check-out time is indicated on the confirmation of the reservation for the date shown for your departure unless we agree to another time.

Departure after that time may incur an additional room charge.

You are and remain personally liable to pay the total amount due on departure unless prior settlement arrangements have been accepted by us. If the settlement arrangements have not been met within 30 days of departure you agree to pay the total amount due on the receipt of our invoice.

You must return the key for the room at the time of your departure and agree to pay a charge for replacement of keys you lose or fail to return same.

 

Facilities and Services

Whilst care is taken to ensure that the description of our facilities and services is accurate, these are continually being changed, upgraded, and on occasion, taken out of service.  If any feature or facility is essential to you in choosing a particular package, it is your responsibility to confirm prior to making your reservation that the feature or facility will be available during your stay or use of the services.

To the extent permitted by law, The Banyans Health and Wellness is not liable for omissions, errors or changes to the facilities and services at a property, whether temporary or permanent. Accommodation facilities listed may not apply to all room types.

 

Third Party Products and Services

The Banyans Health and Wellness sometimes includes third party products or services in special packages and The Banyans Health and Wellness is not liable under any circumstances for any failure by third party providers to provide products or services, nor for any error, alteration or change of any kind made by those third party providers following acceptance of a booking by them.

All third party coupons, vouchers, receipts and tickets are issued subject to the terms and conditions specified by those third parties.

The Banyans Health and Wellness does not warrant the accuracy of any information, statements or representations made by third parties and is not liable for any act or omission, default or negligence of any third party provider.

 

Releases and Indemnity

Any monies or other valuables or goods that belong to you, brought in or on to the room, grounds or car park remain your responsibility and we are not responsible for their safekeeping.

To the extent permitted by law, you agree to release and hold harmless The Banyans Health and Wellness and its current and former officers, employees and agents against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damage for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your reservation or your stay at The Banyans Health and Wellness for any reason whatsoever.

You agree to indemnify The Banyans Health and Wellness and its current and former officers, employees and agents for all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss/damage and damage for injury, including personal injury and death) incurred or suffered by The Banyans Health and Wellness or its current or former officers, employees or agents arising out of, caused by, attributable to or resulting from your reservation or your stay at The Banyans Health and Wellness except to those caused or contributed to by The Banyans Health and Wellness or its current or former officers’, employees’ or agents’ negligence.

You agree that regardless of your length of stay there is no tenancy or other proprietary rights created under any laws.

We grant you a licence to stay in and/or use the facilities in our residence and we reserve the right to terminate the licence at any time.

 

Use of Information

You agree we may use your email address to send you information.

 

General

These terms and conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.

Nothing in these terms and conditions affect any rights you may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation.