STANDARD TERMS AND CONDITIONS
YOGA WELLNESS LIMITED
THE YOGA WELLNESS COMPANY
- What these terms cover. These are the terms and conditions (“terms”) on which we supply services to you.
- Why you should read them. Please read these terms carefully before you make a booking. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. You must accept these terms when submitting your booking (see clause 3.1 on how to make a booking). If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
- Other applicable terms. When you make a booking the following additional terms and policies will be applicable and please read these terms and policies carefully:
- Our Terms of Website Use which sets out the terms on which you may make use of our website.
- Please note that these policies may be amended at any time and therefore please check them regularly.
Information about us and how to contact us
- Who we are. We are Yoga Wellness Limited, a company registered in England and Wales and trading as Yoga Wellness Company. Our company registration number is 09648729 and our registered office is at 843 Finchley Road, London, United Kingdom, NW11 8NA.
- Our services. We are a London based yoga workshop and international retreat company offering inspiring courses to help transform both body and mind and help bring about a greater sense of enjoyment and wellbeing in life. For more information please see our website: www.theyogawellnesscompany.com and www.thecorporatewellnessretreat.com
- How to contact us. You can contact us by telephoning us at +44 (0)20 36214388 or by writing us an email at firstname.lastname@example.org and email@example.com .
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your booking. We will communicate with you by email unless the circumstances require otherwise.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
- How to make a booking. If you want to book our services you will be redirected to our booking page. All bookings will be made through the PAYPAL’s booking system. We have no control over the contents of the PAYPAL’s booking system and we accept no responsibility for any loss or damage that may arise from your use of the PAYPAL’s booking system.
- How we will accept your booking. Our acceptance of your booking will take place when the confirmation email is sent accepting your booking, at which point a contract will come into existence between you and us.
- If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this by email and will not charge you for the services. This might be for example because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.
- Your booking reference number. You will receive a reference number for your booking. It will help us if you can tell us the booking reference number whenever you contact us about your booking.
- Correct details on the booking. It is your responsibility to check the booking and ensure that the details you have given us are correct.
- Services may vary from the pictures on our website. The images and photographs on our websites are for illustrative purposes only. In particular and for the sake of greater clarity, we do not represent or warrant that by taking part in our workshops or/and retreats you will be able to perform all yoga positions.
Requesting changes to our services
Our services are as stated on our website and on the booking page. We cannot generally accept requests for changes. Such requests may only be accepted in exceptional circumstances on a case by case basis. That said, if you have special needs or require special assistance, please enquire before making a booking. We will try our best to make arrangements. This may not always be possible. If we are able to make such arrangements, you are responsible for all extra costs incurred by your request for changes.
Our rights to make changes
- It may occasionally be necessary for us to make changes to our services and we reserve the right to make such changes.
- Minor changes to the services. If the change is minor, for example minor changes in the programme, replacement of instructors, change of the location of the classes or changes due to adverse weather conditions, we will try our best to notify you in advance but are not obliged to do so and no compensation is payable. Also we may change the services to reflect changes in relevant laws and regulatory requirements.
- More significant changes to the services and these terms. In addition, we may make material changes to these terms or the services. If we do so, we will notify you as soon as practically possible and offer you the choice of (i) accepting the alternative arrangements or (ii) ending the contract and receiving a full refund unless the changes are due to unusual or unforeseeable events or circumstances outside our control.
Providing the services
- When we will provide the services. We will supply the services to you as set out in the booking confirmation. The estimated completion date is when the services are completed or when either you end the contract for the services as described in clause 7 or we end the contract by written notice (email) to you as described in clause 8.
- What will happen if you do not provide required information to us. We will need certain information from you so that we can provide the services to you, for example, personal details, level and capability of yoga, room preference, health questionnaire. You need to give us this information at the time you make your booking; otherwise we may not be able to accept your booking. In any event, if you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for not providing any part of our services if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Your rights to end the contract
- You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described in clause 7.2.
- Exercising your right to change your mind / cancellation. You have the right to change your mind (cancel your booking) at any time providing that the cancellation is made by the person who made the booking and is communicated to us by email at firstname.lastname@example.org & email@example.com Cancellation will take effect the day such notification is received by us. As we incur substantial costs and losses on a cancellation, we will retain your deposit and, in addition, depending on when you cancel, we may refund only a percentage of the price paid. Please see the list below:
- To end the contract with us (including if you have changed your mind), please let us know by email. Please send us an email at firstname.lastname@example.org and email@example.com and provide your name, home address, details of the booking including your booking reference number and a contact number on which we can reach you.
- What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
- we have told you about an upcoming material change to the services or these terms which you do not agree to (see clause 5.2); for the sake of greater clarity, this does not include minor changes;
- we have told you about an error in the price or description of the services you have booked and you do not wish to proceed;
- you have a legal right to end the contract because of something we have done wrong.
- What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.4, the contract will end immediately but we may retain your deposit and may refund the price paid in accordance with clause 7.2
- How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However we may make deductions from the price in accordance with clause 7.2. We will make any refunds due to you as soon as possible. We will not be responsible for any delays that may occur from the bank transfers.
Our rights to end the contract
- We may end the contract if you break it. We may end the contract at any time by sending you an email if (non exhaustive list):
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, as explained in clause 6.2 above;
- for other reasons, such as for example conduct which in our reasonable opinion constitutes gross misconduct.
- You must compensate us if you break the contract. If we end the contract in the situations set out in (a) and (b) of clause 8.1 we will retain your deposit and may refund any money paid in accordance with clause 7.2. If we have to end the contract because of a situation described in (c) of clause 8.1, we will retain your deposit and no refund will be paid.
If there is a problem with the services
- How to tell us about problems. If you have any questions or complaints about the services before the services are provided, please contact us in the first instance by email at firstname.lastname@example.org and we will try our best to resolve the issue for you. If it is not possible for you to send us an email, you can call us at +44 (0)20 36214388. If you have any questions or complaints while the services are provided, please immediately inform a member of our team, our suppliers or subcontractors. If your complaint cannot be resolved locally, you must advise us by email as soon as you return. Please note that we have no influence on the proportion of males/females in any class, and cannot be responsible for the individual behaviour of any class member or other guests at your accommodation.
- Summary of your legal rights. Nothing in these terms will affect your key legal rights, subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44 (0)3454 040506.
Price and payment
- Where to find the price for the services. The price of the services (which includes VAT) will be the price set out on the booking page. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see clause 10.3 for what happens if we discover an error in the price of the services you book and clause 5 for our rights to make changes to the services.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your booking date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the service’s correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the service’s correct price at your booking date is higher than the price stated on our website, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
- When you must pay and how you must pay. When you make your booking you must pay a deposit of 25% of the price of the services. We reserve the right to vary the deposit as appropriate. The balance of the price due shall be paid in full latest six (6) weeks prior to the start of the services. If the balance of the price is not paid in time, we reserve the right to charge interest in accordance with clause 10.6 or cancel your booking and retain your deposit.
Bookings made within four (4) weeks of the start of the service must be paid in full at the time the booking is made.We accept payment with Visa, American Express, MasterCard, Visa Debit, Visa Electron, Maestro.
- What is included in the price. To see what is included and excluded in the price for our services please refer to the booking page and to the booking confirmation email received.
- We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 10.4) we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 9.2.
- We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are not liable for the following:
- Flight, personal insurance or medical costs;
- Delay or cancellation of any forms of transport (flight, train, bus or other forms of transport);
- Loss or damage of your personal possessions of valuables;
- Loss, damage, injury or illness which are not a foreseeable result of our breaking this contract or our failing to use reasonable care and skill;
- Any non-performance of our services due to events beyond our control, such as natural disasters, closure of airports, political instability, civil strife, accidents or failure to perform by third parties;
- Any particular session, instructor and/or item of equipment not being available for whatever reason. We reserve the right to make alterations to the programme, instructors and/or equipment and we will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.
- Cap on liability. In any event and without affecting clauses 11.1 to 11.4, our liability under or in connection with these terms shall be limited to:
- £50-£100 for our services for workshops dependent on cost of each workshop
- £1000 for our services for retreatsThis limit shall apply however that liability arises, including, without limitation, a liability arising by breach of contract, arising by tort or arising by breach of statutory duty. Provided that this clause 11.5 shall not exclude or limit our liability for the circumstances described in clause 11.2.
How we may use your personal information
Other obligations on you
- Health and safety. When you book our services you must fill out our Health Questionnaire which can accessed on the booking page / booking system. There are risks inherent with physical exercise such as yoga. You must ensure that you are medically and physically fit and able to exercise and practise yoga. If you have any injuries, illnesses or any medical condition, including previous injuries and illnesses, or are pregnant, you must inform us before we start providing our services. If you experience any injury or discomfort while practising yoga, you should stop immediately and inform the yoga instructor before continuing. You are also responsible for ensuring that you meet any necessary or required health requirements (such as relevant vaccinations).
- Insurance. Our services do not include travel insurance. It is a condition that you have full travel insurance including to cover medical expenses and personal belongings before using our services for retreats. You need to provide us with the details of your travel insurance in case of emergency. Please read also carefully clause 11.4.
- Passports and visas requirements. You are responsible for ensuring that you have a valid travel document and any necessary visas.
- Flights. Our services do not include the price for the flights. You have to book your flights separately and directly with an airline of your choice. It is your responsibility to choose flights so that you arrive before the start of our services and leave once the services are completed. There will be no refund made to you by us if you miss part of our services because of the flights booked by you. We accept no responsibility for any changes you may wish to make to your flights; this must be requested to the airline directly; and there will be no refund made to you by us for flights you choose to cancel or not to travel on.
- Accommodation. Accommodation is included in the price of our services for retreats. The photographs of the rooms on our website are for illustrative purposes. The rooms booked may not be identical to the photographs. We cannot generally accept requests for changes to the accommodation once booked (for example downgrading or upgrading the type of rooms). Such requests may only be considered in exceptional circumstances on a case by case basis. Please read also carefully clause 4.
- Equipments, fixtures and furniture. You have an obligation to treat the material provided in an appropriate manner and to return it in the same condition. You shall keep all fixtures, fittings and furniture in a clean and good condition.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person with our written consent.
- Checking your emails regularly. Please make sure to monitor your inbox and check your junk emails for any further emails from us as the start of our services approaches.
Other important terms
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except we have consented to a transfer of your rights and obligations as set out under clause 13.7.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. Please note that these terms, their subject matter and their formation are governed by and construed in accordance with English law. Any disputes relating to these terms and/or the services will be subject to the jurisdiction of the courts of England and Wales. However and only if you are a consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and only if you are a consumer and a resident of Scotland, you may also bring proceedings in Scotland.
- Excursions and activities. We are only responsible for excursions and activities sold and organised by us which form part of our services.
© 2016 Yoga Wellness Limited