It is important that you read the following Booking Conditions carefully as they are the basis of your contract with Palm Pilates Retreat.
Definitions
(a) References within the Booking Conditions to “Arrival Date” means the date the services we have agreed to provide commence.
(b) The references to “you” and “your” means the persons named in the booking (including any person or persons added or substituted subsequently).
(c) “We” “Us” and “Our” means Palm Pilates Retreat.
1 Your Retreat Contract
1.1 When you make your booking, you agree that you have authority to accept and do accept on behalf of the party named in your booking, the terms of these Booking Conditions. The person making the booking (“the Party Leader”) must be at least 18 years of age and authorised to do so by all persons named in the booking and the parent or guardian of all party members under the age of 18 years, when the booking is made. The party leader on behalf of themselves and each member of the party consents to the use of information in accordance with our privacy policy.
1.2 The Party Leader is responsible for making all payments due to us and under the booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.
1.3 A contract will exist as soon as we issue a Booking Confirmation Receipt to the Party Leader. Once a payment is made directly to the retreat, the email confirmation from the PPR will act as a Booking Confirmation Receipt. The contract is made in the terms of these Booking Conditions, which are all listed in this agreement.
1.4 Once you have received your Booking Confirmation Receipt, please check this carefully. If any of the information contained within the Booking Confirmation Receipt is incorrect or incomplete, please notify us immediately in writing, as it may not be possible to make later changes to it. We cannot accept any liability if we are not notified of any inaccuracies within 7 days of issue of the Booking Confirmation Receipt to you.
1.5 We reserve the right to refuse to accept bookings in our absolute discretion without stating the reason for doing so.
2 Special Requests
If you have a special request, please advise us at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. Confirmation that a request has been made will be included on your Booking Confirmation Receipt or upon the acknowledgment of booking. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking.
3 Prices
3.1 We reserve the right to alter the prices of any of the retreats shown on our website. You will be advised of the current price of the retreat you wish to book before your contract is confirmed.
3.2 We accept a 50% deposit, with the balance due 30 days prior to your Arrival Date. The balance of the retreat cost must be paid by the date shown in your Booking Confirmation Receipt for your deposit. If the deposit and/or the balance is not paid in time, we shall cancel your booking arrangements. If the balance is not paid in time, we shall retain the deposit. If you are booking a retreat 30 days or less before the Arrival Date, the full cost is payable at the time of booking.
3.3 Not included in the price of your retreat arrangement is travel insurance, tipping and any additional food / drink or additional excursions or activities which are not confirmed as being part of your arrangements. Additionally, any items or services purchased at the retreat are not included in the cost of your travel arrangement unless specifically stated.
4 If You Change Your Booking
4.1 If, after we have issued a Booking Confirmation Receipt to you, you wish to change/cancel your retreat arrangements, we will do our best to accommodate you and refund. A refund of your deposit can be granted within 7days of your initial payment. Unfortunately after 7 days from your deposit booking the retreat, a refund is not granted.
4.2 If you or any member of your party is prevented from attending, that person may transfer their place to someone else subject to the following conditions:
a) That person is introduced by you and satisfies each and all of the conditions applicable to the booked retreat arrangement;
b) We are notified in writing of the request for transfer not later than 7 days before retreat date;
c) You pay the outstanding balance payment.
d) The transferee agrees to these booking conditions, and all of the terms of the Contract between us.
4.3 You and the transferee will remain jointly and severally liable for the payment of all sums. If you are unable to find a replacement, the cancellation charges set out in clause 5 will apply in order to cover our estimated costs. Otherwise, no refunds will be given to passengers not travelling or for any unused service.
5 If You Cancel Your Booking
If you, or any member of your party, cancel your retreat arrangements at any time, written notification from the person who made the booking must be received by us by email at hello@palmpilatesretreat.com .
Cancellations within 30 days leading up to the retreat are not refundable.
If you cancel the retreat:
Within 7 days of booking (as long as its not within 30 days of the arrival date) you are entitled to a full refund.
30 days or more prior to your Arrival Date: your payments will be refunded, minus the 50% deposit.
Within 29 days of the Arrival Date: 100% of the payments received will be forfeited.
5.1 “Force Majeure” which includes; warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such floods, earthquakes or weather conditions. In case of any force majeure event PALM PILATES RETREAT shall not be obligated to provide a refund for any payments made by the client. By entering into this agreement the clients acknowledge and accept that no refunds will be issued due to delays, cancellations, or any other disruptions caused by a force majeure event.
6 If We Change or Cancel Your Booking
6.1 Once your booking has been confirmed, we will make every effort to provide you with the booked retreat arrangement. Occasionally, it may be necessary to amend or cancel whole or part of your booking.
We will notify you of any alteration or cancellation as soon as we reasonably can.
6.2 Independent travel arrangements (e.g. flights, airport parking, car hire, etc.) that you may arrange separately do not form part of our contract with you. Should we need to make changes to your retreat arrangements, we will not be liable for any amendment or any cancellation charges incurred by you in respect of any such independent travel arrangements.
6.3 If, before the start of your trip, we are constrained by circumstances beyond our control to significantly alter any of the main characteristics to your arrangement, we will offer you the choice of either (a) accepting the changed arrangements (b) accepting an offer for an alternative arrangement with comparable facilities from us, if available (we will refund you any price difference if the alternative is of a lower value) or (c) cancel your booking completely in which case we will refund you all monies paid by you. Please note that the above options are not available where any change made is a minor one. A significant change may include change of accommodation to that of a lower category and/or price. These options do not apply to any minor changes we may make, which may include, but are not limited to, change of accommodation for another of the same or a higher standard, change of Pilates teacher, or change in the schedule and number of pilates classes during the retreat.
7 Events Beyond Our Control
7.1 Please note that compensation will not be payable and we will accept no liability beyond offering you the options above where:
(a) we are constrained to make a significant change or cancel your booking as a result of unusual and unforeseeable circumstances beyond our control. These circumstances will usually include but are not limited to, war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure flying rights, natural and nuclear disaster, fire, epidemics, health risks and pandemics and unavoidable and unforeseeable technical problems with transport reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events; or
(b) we are constrained to cancel your booking because the minimum numbers of booking required have not been reached and we have notified you within 14 days before the retreat date; or
(c) we cancel as a result of your failure to comply with any of the requirements of these booking conditions entitling us to cancel; or
(d) we make a significant change or cancel your arrangements more than 14 weeks before retreat date; or
(e) where the change or cancellation by us arises out of alterations to the confirmed booking request by you.
8 Minimum Numbers
Some of the retreat arrangements shown on our website can only be operated if there is sufficient demand for the same and a sufficient number of people book these retreat packages. If there is insufficient demand on subsequent confirmed bookings, we have the right to cancel the retreat arrangements in question. If we have to do so, we will notify you as soon as possible. In this situation, you will then have the choice of accepting an alternative retreat arrangement of equivalent or closely similar standard. The cost of any alternative arrangement offer will be our selling price at the time of change. If the alternative is cheaper, we will refund you the difference. If the alternative is more expensive, you have the option to pay the difference. If you do not wish to take the alternative we offer you, you can choose to cancel your retreat arrangement and receive a full refund of any monies you have paid to us. When we cancel for lack of numbers in accordance with this paragraph, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable. In the unlikely event that we do need to cancel your retreat arrangement for the reason of lack of numbers, we will not do so less than 14 days before your arrival date if the stay is for more than 4 days. In the case of stays lasting between 2 and 6 days, we will not cancel the package less than 14 days before the start of the package. In the case of trips lasting less than 2 days, we will give you at least 48 hours notice of any cancellation.
10 Our Liability to You
10.1 We agree to perform and provide the retreat arrangements which make up your booking with reasonable skill and care. If the contract you have with us is not performed or is improperly performed by us or any of our suppliers, we will pay you appropriate compensation if this has affected your enjoyment of your retreat arrangement. We will not be liable for any failure in the performance of the contract with you if this is due to:
a) The fault of yourself and/or another member of your party;
b) A third party unconnected with the provision of the retreat arrangements and where failure is unforeseeable or unavoidable;
c) Unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care and been exercised;
d) An event which neither we nor our suppliers, even with all due care, could have foreseen or forestalled.
10.2 Our liability to you and any member of your party, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your booking. Our liability will also be limited in accordance with and/or in an identical manner to
a) The contractual terms of the suppliers we use in the provision of your retreat arrangements form part of your contract with us. These terms are incorporated into this contract as are;
10.3 We will not accept responsibility for any services which do not form part of your contract with us. These may include any excursion purchased during the course of your holiday and any additional services or facilities which we have not agreed to arrange or provide as part of our contract with you.
10.4 You must inform us, without undue delay, taking into account the circumstances of the case, of any lack of conformity which you perceive during the performance of a travel service included in your package travel contract.
11 Assistance by Us During the Course of Your Booking
11.1 If the Pilates teacher, as a result of an injury, illness, or personal emergency, cannot attend the retreat and has to cancel his/her participation in the retreat (including up to the Arrival Date), or has to leave the retreat early, or cannot teach one or more of the classes during the holiday, we will do everything possible to find a replacement teacher. If we cancel any pilates classes during the holiday as a result of this, we will not be liable to refund any pilates classes to participants, however we will do our best to make up for these classes during the course of the week. We reserve the right to change the scheduled pilates teacher at the last minute under any circumstances, and we are not obliged to give the reason for changing a teacher. We reserve the right to change the times and schedule of the pilates classes during the course of the holiday. We also reserve the right to change the location of the pilates classes on site. Whenever possible you will be advised in advance of any changes. No refunds will be given due to a change of teacher, changes to our schedule, or to the location of the pilates classes.
11.3 If the retreat organiser, as a result of an injury, illness, or personal emergency, cannot attend the holiday and has to cancel his/her attendance in the retreat (including up to the Arrival Date), or has to leave the retreat early, or has to leave for a period of time during the retreat, we will do everything possible to find a replacement organiser, or the Pilates teacher will take on these duties. We will not be liable to refund any money as a result of this, however we will make sure that the retreat continues as planned.
12 Health & Fitness
12.1 Activities within our retreats may require a certain degree of physical fitness. It is your responsibility to ensure that you have the levels of fitness required for any activity you choose to participate in. If you are in any doubt, please consult your doctor before attending our retreat. We, and those retained by us to supervise any activities, retain the discretion at any time to decline to allow you to participate in any activity, if we reasonably believe that in the interests of your health, you should not do so. In such circumstances, we shall not be liable for any losses or compensation arising.
12.2 You must provide us with full details of any existing medical or physical problems, including pregnancy, physical and/or mental disability, unusual height or weight, that may apply to you or any member of your group and which are likely to affect your ability to take part in some or all of the activities forming the retreat arrangement and stay (including, in particular, any accommodation requirements or difficulties that may be encountered in accessing buildings) at the time of booking. Any classes undertaken while pregnant or under any existing medical or physical problems are to be consulted with your doctor, the retreat organiser and Pilates teacher prior to the booking being made, and are taken at one’s own risk. If, in our reasonable opinion at any point prior or during the holiday, any particular activities or arrangements are not suitable for the medical or physical problems or disability, or you are not travelling with someone who can provide all the assistance that may be required, or that person is not providing adequate assistance during the retreat we have the right to refuse to accept the booking or you may not be able to participate in certain activities, in which event we shall retain any amount paid and not be liable for any losses or compensation arising.
12.3 If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to any existing medical or physical problem or disability and/or any new medical or physical problem or disability that arises after booking, then we can also cancel the booking when we find out the full details if, in our reasonable opinion, the arrangements are not suitable in the circumstances. If we cancel your booking as a result of this, we shall retain any amount paid, and we shall not be liable for any losses or compensation arising.
12.4 You will be asked to complete a Participant Form prior to the start of the stay. Unless we have a completed Participant Form from you prior to the Arrival Date, you will not be allowed to participate in the retreat nor in any of the pilates classes, in which event we shall retain any amount paid and not be liable for any losses or compensation arising.
13 Insurance
13.1 You must take out suitable insurance for all your needs before your stay. We cannot be held responsible for any costs you may incur as a result of failing to do so.
13.2 It is your responsibility to provide us with the name of your insurer, policy number and 24 hour emergency help line number in the event it is needed at any point.
13.3 If you take part in activities whilst travelling that have been organised and arranged independently of us, participation is at your own risk and it is your responsibility to ensure that you have obtained the relevant insurance.
14 Your Responsibilities and Behaviour on Holiday
14.1 As part of your booking with us, you are accepting liability for any loss or damage caused by you or any member of your party during the course of your stay. Payment for any loss or damage must be made to us or to our supplier at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost of the loss or damage is not known at the time, we will reasonably estimate it, and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, and if it is less, the difference will be refunded to you. You will also be responsible for, and agree to indemnify us, in respect of any claim subsequently made against us and all costs incurred by us (including our own and any other party’s full legal costs) arising from your actions.
14.2 You are also responsible for the behaviour of yourself and other members of your party. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your retreat arrangements if yours or their behaviour is or is likely to be, in our reasonable opinion or in the reasonable opinion of our suppliers, disruptive, upsetting or dangerous to yourself or anyone else, or if you or any member of your party have caused or are likely to cause damage to property. In these circumstances, we will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your retreat arrangements due to such unacceptable behaviour. In this situation, we will have no further responsibility for you or any other member of your party. If your unacceptable behaviour means that you are not able to board your outward flight ( if you have one), we will treat your booking as cancelled from that moment and will ask you to leave the Wellness Retreat and the premises. If we cancel your booking as a result of this, we shall retain any amount paid, and we shall not be liable for any losses or compensation arising.
15 Our Website, Brochure and Advertising
15.1 The information contained in our website, brochure and advertising material is our responsibility and to the best of our knowledge and belief it is correct at the time of publication. Occasionally errors may occur and information may change and you must therefore check all the details of your travel arrangements at the time of booking.
15.2 We will be taking photographs and videos throughout the retreat in which we will solely be using for our marketing and advertising purposes. It is your responsibility to inform us if you wish to be excluded from any imagery prior to the retreat. Once we have been informed we will make a very conscious effort to keep you out of any imagery.
16 If You Have a Complaint
In the unlikely event that you have cause to complain during the course of your retreat arrangements with us, you must bring it to our attention immediately. If your complaint is not resolved, then you must repeat your complaint in writing within 28 days of the end of your retreat arrangements with us by emailing us at hello@palmpilatesretreat.com. You must provide any booking reference and all other relevant information to enable us to fully investigate your complaint. Any complaints which do not involve death, personal injury or illness and which are not made in accordance with this procedure we are unable to accept liability.