Terms and Conditions
Please find below our terms and conditions for Fitagain Retreats. Please read them carefully and do not hesitate to contact us if you have any questions.
AGREEMENT TO TERMS
This agreement shall be construed in accordance with the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of these terms and conditions.
FITAGAIN RETREATS accepts bookings subject to the following conditions as laid out below.
INTERPRETATION & DEFINITION:
In the agreement unless otherwise specified the following expressions refer to the following meanings.
Booking – The booking made by the client with FITAGAIN RETREATS & as set out on the FITAGAIN RETREATS booking form.
Booking Form – The booking form produced by FITAGAIN RETREATS to be completed by the client when & upon making a booking with FITAGAIN RETREATS.
Contract – The contract between the client & FITAGAIN RETREATS under which the services are provided by FITAGAIN RETREATS to the client.
Client – The person, business or company who makes the booking with FITAGAIN RETREATS. All individuals to whom the services are provided by FITAGAIN RETREATS must be of a minimum age of 18 years. Under special agreement FITAGAIN RETREATS may consider offering a retreat place to a person between the ages of 16 & 18, however this would only be the case with a written acceptance by FITAGAIN RETREATS & with special terms & conditions attached, the guest must agree to comply with any & all special conditions & this will include being accompanied by an appropriate adult who assumes full responsibility for the minor.
Payment – The total fee will be due for payment strictly 6 full weeks in advance of the retreat / course commencement date.
Fee – The amount payable to FITAGAIN RETREATS under the contract.
Deposit – A deposit payment per person will be required to reserve each place at the retreat.
Force Majeure / Special Circumstances – Any act, event, omission or accident beyond FITAGAIN RETREATS’s reasonable control including but in no way limited to Act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, pandemic, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse weather, default of suppliers or subcontractors, strikes, lock-out’s, or other industrial disputes, failure of a utility service or transport network.
Major Change – A change in the date or over 80% of the content of the service. The exception being under “special circumstances”.
FITAGAIN RETREATS – FITAGAIN RETREATS is a trading name of FITAGAIN LTD
Recordings – Photographs, videos, or any other audio visual recordings taken of the clients during the provision of the services.
Wording importing the singular meaning shall include the plural meaning & vice versa.
All wording within the booking conditions is generalised & any reference to any gender includes the other genders.
The headings in these conditions are for convenience only & shall not affect their interpretation.
ACCEPTANCE:
A contract for the services is made between FITAGAIN RETREATS & the client upon the acceptance of the Terms and Conditions when making a booking with FITAGAIN RETREATS,
The contract is subject to these booking conditions which the client has been deemed to have read & fully understood. These booking conditions can only be varied by written agreement between FITAGAIN RETREATS & the client.
SERVICES:
The activities & services provided by FITAGAIN RETREATS to the client under the terms of the contract & service shall be construed accordingly.
BOOKING:
To place a booking with FITAGAIN RETREATS, FITAGAIN RETREATS require a completed booking form together with the payment of a 30% deposit fee. If a booking is made by telephone, e-mail or facsimilie, the client shall be deemed to have read & fully understood these conditions. All bookings are provisional & are only confirmed when the deposit payment has cleared FITAGAIN RETREATS’s bank account & a formal email confirmation has been sent to the client detailing their formal reservation confirmation.
FITAGAIN RETREATS reserves the right to decline any booking at their discretion.
FEE & PAYMENT TERMS:
Upon the successful payment of the retreat fee by the client a contract is formed for the agreed program to be delivered, If the client wishes to alter any aspect of the program additional reasonable costs may be levied by FITAGAIN RETREATS at their discretion.
The full retreat fee is due six weeks before the commencement of the course & should be paid in full no later than 4 weeks before the commencement of the course unless agreed otherwise in writing / via email prior to / upon confirmation of booking.
In the event that the balance is not paid in the specified time frame FITAGAIN RETREATS will have the discretion to treat the booking as cancelled by the client & to re-sell the course place, the fee paid by the client will be retained by FITAGAIN RETREATS.
FITAGAIN RETREATS will charge a late payment fee to those guests who do not pay in full within the time frame specified in the payment terms & conditions, the late payment fee will be charged at £50.00 per person.
Should a guest not pay in full within 14 full days in advance of a retreat start date then FITAGAIN RETREATS will have the right to cancel the reservation without notice or compensation, in this case no refund will be due.
RESPONSIBILITIES OF THE CLIENT:
The fee does not include travel to & from the retreats location at which the proposed services shall be provided & this shall be the sole responsibility of the client, unless otherwise agreed to prior to the commencement of the retreat.
The client is responsible for their own personal medical needs / requirements, clothing & footwear for the duration of the services unless otherwise agreed in writing with FITAGAIN RETREATS.
It is the clients responsibility to inform FITAGAIN RETREATS in writing of any past, present or potential health issues that may make them unsuitable to participate in the services agreed, failure to disclose any such information may result in FITAGAIN RETREATS terminating the contract & withdrawing the client from the services without refund, notwithstanding conditions of cancelation by FITAGAIN RETREATS. If a letter of suitability is required from a guests medical professional then this must be sent to & received by FITAGAIN RETREATS a minimum of 7 days prior to a retreats start date.
It is the sole responsibility of the client to ensure that the balance for the cost of their retreat place is paid in full & on time as per the terms set out by FITAGAIN RETREATS.
It is the clients sole responsibility to ensure that they have purchased comprehensive & appropriate travel & medical insurance for the full duration of their retreat, this should include but not be limited to: personal accident, holiday & cancellation insurance for the full duration of the retreat, please note that purchasing / putting in place this type of insurance is a condition of booking a FITAGAIN RETREATS retreat/s.
The full retreat fee is payable six weeks before the commencement of the retreat / course unless agreed otherwise on confirmation of booking. It is the sole responsibility of the client to ensure that their payment is made on time & by the due date, as per the terms & conditions, FITAGAIN RETREATS do not chase guest payments and may not send payment reminders.
MEDICAL & HEALTH:
All clients using FITAGAIN RETREATS services should be aware that when participating in any exercise or exercise program, there is the possibility of physical injury. In making a reservation / booking with FITAGAIN RETREATS, you agree to assume such risk & agree to release & discharge FITAGAIN RETREATS from any & all claims for liability, injury, loss & or damage arising from your participation in our services.
If you have any medical condition/s that may make you unsuitable to participate & or may impact on your participation in FITAGAIN RETREATS services, you are required to notify us of them in full prior to making you reservation / booking.
If FITAGAIN RETREATS or any member of the FITAGAIN RETREATS team believe that your health or safety is at risk or if you have failed to disclose to FITAGAIN RETREATS in writing any illness, injury or any previous or current medical or health condition / reason that could potentially impact on your ability to participate in FITAGAIN RETREATS services, this could result in FITAGAIN RETREATS’s refusal to allow you to participate in all / part of the services. In such a situation, your contract may be terminated by FITAGAIN RETREATS at the sole discretion of FITAGAIN RETREATS without refund or compensation.
Subject to prior notification to the contrary in writing by the client to FITAGAIN RETREATS, the client must confirm that he / she is of good mental & physical health & not aware of any reason why they may not be unable & or unsuited to participate in FITAGAIN RETREATS’s services & or may be likely to suffer illness or injury whilst participating in the services provided by FITAGAIN RETREATS.
It is always advisable to consult with a Doctor prior to beginning any type of exercise program / regime.
We strongly recommend that when choosing a comprehensive travel insurance that the cover includes personal accident, cancellation insurance plus full Covid cover for all Covid related eventualities & that it also includes cover for all of FITAGAIN RETREATS’s terms & conditions, including but not limited to those regarding amendment or cancellation charges & that such insurance is purchased immediately upon making your retreat reservation with FITAGAIN RETREATS.
VARIATIONS & AMENDMENTS:
FITAGAIN RETREATS reserves the right to change any price or other particulars of the services before the contract becomes binding.
If there is a major change FITAGAIN RETREATS shall notify the client forthwith, FITAGAIN RETREATS shall seek to offer the client arrangements as close to the original as it is reasonably possible in the circumstances. If there is any other change other than a major change FITAGAIN RETREATS is not obliged to inform the client in advance or obliged to pay any compensation. If changes are made by the venue FITAGAIN RETREATS cannot be held responsible for any such changes which are out of their control.
CANCELLATION BY THE CLIENT:
If the client wishes to cancel the reservation / contract they must advise FITAGAIN RETREATS in writing / via confirmed email as soon as reasonably possible. Any cancellation of the contract will be subject to the following cancellation charges. For the avoidance of doubt the cancellation charges are based on the number of days before the arrival date of the services.
Date of cancellation – Cancellation charge
Less than 8 weeks – 100% of the cost of the retreat will be retained by FITAGAIN RETREATS
Less than 12 weeks – 75% of the cost of the retreat will be retained by FITAGAIN RETREATS
Less than 16 weeks – 50% of the cost of the retreat will be retained by FITAGAIN RETREATS
More than 16 weeks – 30% of the cost of the retreat will be retained by FITAGAIN RETREATS
If the client has taken advantage of the special low deposit or “early bird” reservation deposit or has under “special circumstances” elected / requested to move / re-schedule their retreat or has simply requested to move / reschedule their retreat to a future date then this is an exception to the normal terms & conditions & the deposit payment made by the client will become non refundable.
Refunds are made minus any applicable / relevant bank charges or card payment fees, plus an administration fee of £50.00 per client. Bank transfer refunds are made in either UK Sterling or Euros. Refunds are made minus any third party commissions where applicable.
GUEST REQUEST TO MOVE / CHANGE A RETREAT RESERVATION TO A NEW DATE:
Should a guest request to move their retreat date to a new / alternative date, then any deposit / full payment previously received by FITAGAIN RETREATS will be deemed as non refundable. If FITAGAIN RETREATS accept a request by a guest to move their reservation (this is at the discretion of FITAGAIN RETREATS) to a new / alternative date then an administration fee of £50.00 per person will be applied, If the request is within one full month of the retreats start date FITAGAIN RETREATS will require medical proof if the change is due to a medical condition or injury. ( A hospital Doctors / GP report will be acceptable) If the request is within 14 full working days prior to the retreat start date then no move or change can be made at this stage. It is the responsibility of each individual guest to ensure that they have comprehensive travel & health insurance in place prior to or immediately upon making a reservation.
CANCELLATION BY FITAGAIN RETREATS:
FITAGAIN RETREATS will always endeavour to fulfil confirmed bookings, however, FITAGAIN RETREATS do reserve the right to cancel a scheduled retreat date or an individual booking / reservation . If FITAGAIN RETREATS cancel a booking prior to the commencement of the services the client will be offered an alternative date, or where applicable a full refund of all monies paid by the guest up to that point ( minus credit card charges & third party commission where applicable ) for the specified reservation. *The exception being that: if the cancellation is due to “special circumstances” which are beyond the control of FITAGAIN RETREATS.
ASSIGNMENT:
The contract may be assigned by the client to a third party, subject at all times to conditions.
The client is unable to assign or transfer the contract to a third party without the prior written consent of FITAGAIN RETREATS, if the client wishes to assign their contract, he or she must give notice in writing providing the full name, address & contact details of the third party. FITAGAIN RETREATS shall then advise in writing as to if it consents to the assignment as soon as is reasonably possible. FITAGAIN RETREATS reserve the right to refuse an assignment to a third party at any time & without reason, If subsequently a client has to cancel due to FITAGAIN RETREATS refusing the assignment to a third party then the cancellation charges under cancellation by the client shall apply.
FITAGAIN RETREATS may assign or sub contract to any third party the performance of any of it’s obligations under the contract without consent of the client.
SERVICES:
FITAGAIN RETREATS reserves the right to alter the content of the services at any time without notice to the client due to certain factors, including, but not limited to the weather, staff, & any physical fitness of the clients.
Any information on / about our services published by FITAGAIN RETREATS for it’s literature & web site is designed for illustrative purposes only.
If the client elects not to participate in any of the services being provided, FITAGAIN RETREATS has no obligation to provide an alternative activity or service & the client will not be entitled to a refund.
If FITAGAIN RETREATS believes that a clients health & safety is at risk, or a client has failed to disclose any relevant health information in accordance with our terms & conditions, FITAGAIN RETREATS may at its absolute discretion make decisions affecting the client & where necessary may terminate the contract immediately.
The client must refrain from any illegal act or any conduct physical or verbal which may give offence or cause danger or damage to any person or property. If FITAGAIN RETREATS or any of its team, venue staff, consultants or agents become aware of any such action then FITAGAIN RETREATS or any of its team, venue staff consultants or agents may at their absolute discretion have the client immediately removed from any property or facility without refund or compensation. FITAGAIN RETREATS will have no liability whatsoever to the client under such circumstances.
EXTRA COSTS: costs incurred by guests while at the retreat
All spa & holistic therapies, private 1-2-1 appointments with any of the retreat team health & wellbeing members, additional meals, snacks etc will be charged as extras to the cost of the retreat.
Failure of a guest to settle their account (extras) in full prior to departure & as set out by the retreat director will result in the guests credit card being charged for the appropriate amount, in addition an administration fee equal to 25% of the total unpaid bill will be added to the charge.
If a guest has a query / feels that there is a discrepancy with any additional charges then they must make this known to the retreat manager / director by 6.00pm / 18.00 at the latest on the last full day of the retreat either in person or via email. The last full day will be deemed to be the last full retreat day prior to the retreats official departure day.
DEFINITION OF FULL BOARD:
The definition of full board will be 3 x meals per day which will be provided as breakfast, lunch & dinner & on full retreat days only, on arrival day only welcome dinner will be provided & on departure day only breakfast will be provided as part of the retreat cost. This applies ONLY to the retreats official arrival & departure days as specified in the published retreat dates for the appropriate year.
COMPLAINTS:
If there is a problem during the retreat / services, the client must report it in the first instance to the retreat manager / director, if it is still unresolved then the issue should be reported immediately to the Director of FITAGAIN RETREATS so that all efforts may be made to resolve the problem promptly & effectively. In the unlikely event that the problem can not be resolved & the client wishes to make a complaint then the client must notify FITAGAIN RETREATS in writing within 7 days of the end of the services / retreat. Failure to provide notice of the complaint in accordance with the above will preclude the client from being entitled to take any further action against FITAGAIN RETREATS.
VENUE:
Accommodation
FITAGAIN RETREATS provides accommodation based in private properties, for retreat purposes only. There will be no maid service offered, and if a guest requires supplies ( fresh towels etc ) they must liaise with the retreat manager / director. Any request by a guest for additional night/s at the venue, will not be permitted and all guests must vacate the venue by the time specified by FITAGAIN RETREATS.
LIABILITY:
None of the exclusions & limitations in these conditions are intended to limit any rights the client may have under statute or common law which may not be excluded, nor in any way to exclude or limit liability to the client for personal injury or death resulting from FITAGAIN RETREATS negligence or that of its employees or agents, or for any liability incurred as a result of fraud or fraudulent misrepresentation by FITAGAIN RETREATS.
The client understands that attending any activity or service provided by FITAGAIN RETREATS involves some level of risk. These risks include but are not limited to physical injury or even death. By attending any activity or service provided by FITAGAIN RETREATS the client agrees to assume these risks & agrees to release & discharge FITAGAIN RETREATS & its Directors, employees & agents from any & all claims for liability.
Neither FITAGAIN RETREATS nor any of its Directors, employees or agents will be liable for any loss or damage to any personal property or vehicle belonging to the client during the services.
***It is the sole responsibility of the client to purchase full & adequate medical, personal injury & holiday insurance for the full duration of their stay with FITAGAIN RETREATS.
All guests must refrain from any illegal act or any conduct unbecoming a retreat guest, conduct or language which may give offence to a team member or guest or any act which may cause damage to property. If FITAGAIN RETREATS or any of its staff, consultants or agents become aware of any such act / conduct then FITAGAIN RETREATS & its agents may, at their absolute discretion, ask the client to leave the premises, property or facility, this will be without refund or compensation to the guest, in these circumstances FITAGAIN RETREATS will have no further responsibility or liability to the guest.
MEDIA:
FITAGAIN RETREATS reserve the right to take any photos / recordings of the client during the services, & the client accepts that all rights whatsoever arising in the recordings shall be solely owned by FITAGAIN RETREATS.
The client accepts & agrees that any photos / recordings may be used by FITAGAIN RETREATS at its absolute discretion in any manner, including but not limited to its web site, promotional material & advertisements.
COPYRIGHT:
FITAGAIN RETREATS reserves all copyright which may subsist in the products of, or in connection with, the provision of all activities, services or facilities. FITAGAIN RETREATS reserves the right to take such actions as it deems appropriate or necessary to restrain or prevent infringement of such copyright.
LAW & JURISDICTION:
This agreement shall be construed in accordance with the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of these terms and conditions.