Definitions

When the following words with capital letters are used in these Terms, this is what they will mean:

The Property the villa you will reside in for the duration of your holiday

Event Outside Our Control is defined in clause 10.2;

Booking your order for the Holiday;

Terms the terms and conditions set out below; and

We/Our/Us Inspirit Retreat Limited with (company number 09943151 of 31 Northwich Business Centre, Meadow Street, Northwich, Cheshire, United Kingdom CW9 5BF.

When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

Insurance

Please Note: Adequate and valid sports travel insurance is compulsory for all Inspirit Retreat Limited guests and it is a condition of accepting your Booking that you agree you will have obtained adequate and valid sports travel insurance. Your sports travel insurance must cover as a minimum, the costs of medical treatment, evacuation, loss of earnings and/or cost of care in the event that you suffer injury or illness during the Holiday and while traveling; loss of or damage to Our property; liability you might incur to third parties; and costs you might incur in the event of cancellation or curtailment of the Holiday or your participation in it.

We recommend you obtain your sports travel insurance as soon as your Booking is confirmed.

We can accept no responsibility for any costs that may be incurred due to insufficient insurance cover.

Our contract with you

• These are the terms and conditions on which We supply the Holiday to you.
• Please ensure that you read these Terms carefully, and check that the details on the Booking are complete and accurate, before you confirm the Holiday. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
• When you submit the Booking to Us, this does not mean We have accepted your order for the Holiday. Our acceptance of the Booking will take place as described in clause 4. If We are unable to supply you with the Holiday requested, We will inform you of this in writing and We will not process the Booking.
• These Terms will become binding on you and Us when you receive confirmation that the Booking has been accepted by Us, at which point a contract will come into existence between you and Us.
• If any of these Terms conflict with any term of the Booking, the Booking will take priority.
• We shall assign an order number to the Booking and inform you of it when We confirm the Booking. Please quote the order number in all subsequent correspondence with Us relating to the Booking.
• You acknowledge and agree that you shall be solely responsible for obtaining for yourself and anyone else who is included in the Booking appropriate sports travel insurance in respect of the Holiday and that the Booking does not include the provision of such insurance.

Booking your Holiday

To make a Booking you can contact Us directly over the telephone or via Our website at www.inspiritretreat.co.uk (“Website”). The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the Booking and accepts these Booking conditions on behalf of everyone in their party. Whether you book alone or as a group, We will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations. The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the Booking and for passing on any information regarding the Booking or any changes made in relation thereto, to all persons travelling on such Booking.

You will need to pay a non-refundable deposit to Us at the time of booking of 50% of the total value of the Holiday. We will then invoice you for the remainder of the cost due before you travel, which you must pay not later than 56 days (8 weeks) before departure. If you book less than 56 days before departure, full payment must be made on Booking. If you do not pay the balance by the due date your Booking will be cancelled and you will forfeit your deposit. Please note that all payments made on a credit card (whether deposits, part payments or final balances) will be subject to a credit card fee of 1%.

When you receive Our Booking Confirmation please check the details carefully and inform Us immediately if anything is incorrect

Changes to order or terms

• We may revise these Terms from time to time in the following circumstances:
  • changes in relevant laws and regulatory requirements; and
  • changes We make to the supply of the Holiday.
• If We have to revise these Terms under clause 1, the new version will appear on our website. You can choose to cancel the Booking in accordance with clause 11 if the changes are to your material disadvantage.
• If, after Our Booking confirmation has been issued, you wish to make a change to your existing Booking, We will try to make the changes subject to availability, provided that notification is received in writing at Our offices from the lead name at least 56 days before departure and you pay £50 per person to cover Our administration costs.
• In addition to the fee We charge, any alteration will also be subject to payment by you of any costs incurred by Us arising from the alteration.
• If the Holiday to which you transfer is more expensive than the one you originally booked, a further deposit will also be payable immediately, and the balance is due 56 days prior to departure.
• Where a member of your party is unable to travel you can transfer their Booking to another person, provided that the following conditions are met:
  (a) you notify Us in writing at least 56 days before departure and give Us authority to make the transfer; and
  (b) your request is accompanied by the full name and address of the person to whom you wish to transfer your Holiday Booking (“transferee”); and
  (c) the transferee accepts the transfer and these Booking conditions, and fulfils any conditions that apply to the Booking; and
  (d) the transferee shows Us evidence of their sports travel insurance, and
  (e) payment is made by you of an administrative charge of a minimum of £50 per person plus payment of all additional costs that We may incur as a result.
  Both the transferor and transferee will be jointly and severally liable for payment of the Holiday price and other associated expenses.
• You, or any member of your party, may cancel your Booking at any time provided that the cancellation is made by the lead name in writing. Notice of cancellation will be effective upon receipt of your written communication. As We start to incur costs from the time the Booking is confirmed We will retain your deposit and in addition will apply other cancellation charges as shown below. These charges are based on how many days before your booked departure we received your cancellation notice. If you want to cancel one or more passengers on the booking you will have to pay a proportion of the applicable cancellation charge based on the number of passengers you wish to cancel from the Booking.
• If you cancel your Booking more than 56 days before the departure date, your deposit will not be repaid to you, but you will not be required to pay the remainder of the cost of the Holiday
• If you cancel your holiday 56 days or fewer before the departure date, you are still liable for the full cost of the Holiday, and any sums already paid by you will not be returned.
• If you or any member of your party arrive after the start of the Holiday as shown in your Booking confirmation, or choose to leave before the end of the Holiday you will not be entitled to any refund.

Providing services

• We will supply the Holiday to you from and to the dates set out in the Booking.
• We will make every effort to provide the Holiday in accordance with the Booking. However, there may be delays or problems due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.
• We will need certain information from you that is necessary for Us to provide the Holiday, including, but not limited to, your name, date of birth and address. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may not accept the Booking. We will not be liable for any delay or non-performance where you have not provided this information to Us, or of the failure to confirm the Booking where you fail to provide the full details that we need.
• If you do not pay Us for the Holiday when you are supposed to as set out in clause 3.8, We may refuse to accept the Booking and/or cancel the Holiday and will have no liability to provide the Holiday.

If there is a problem with the services

• As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
• If you have a complaint about your Holiday whilst away, please notify our local representative or your Group Leader immediately. If you are not happy with their action in response please follow this up within 35 days of your return home by writing to us, giving your booking reference and all relevant information. We will acknowledge your written notification within 7 days and aim to provide a full response within 28 days. We can usually sort out any complaints you may have.

Your responsibility and behaviour

• You and each member of your party agree: –
  To pay for any losses or damage to the property
  b. To take good care of the property
  c. To permit the owners and their agents reasonable access to the property
  d. Not to cause an annoyance or become a nuisance to occupants of adjoining premises. This includes not playing music after 11pm
  e. Not to smoke anywhere on the property
  f. To inform the Group Leader of any problems or breakages immediately
  g. To maintain the peaceful atmosphere of the property
  h. To respect the other guests and Inspirit Retreat staff at all times
• If you commit any illegal act when on the Holiday or if in the reasonable opinion of the Group Leader or any other of Our representatives your behaviour is disruptive, threatening or abusive, causes unnecessary inconvenience or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any guest or member of Our staff in any risk or danger, on the telephone, in writing or in person, we may terminate your Holiday without any liability on our part.
• Your participation in this Holiday is an acknowledgement by you that you will act as a mature adult and will be responsible for your own decisions.
• If Our Group Leader or any other member of Our staff consider you or any member of your party to be under the influence of alcohol or illegal substances or otherwise unfit to take part, you will not be permitted to take part in the organised
• The property We arrange for you must only be used by those people named on your Booking confirmation. You are not allowed to share the Property or let anyone else stay there. You are responsible for the cost of any damage caused to the Property or its contents during your stay. These charges must be met by you and have to be paid immediately. If you fail to cover these charges we reserve the right to cancel your Holiday with immediate effect.
• You and all members of your party must satisfy yourselves prior to Booking that you are fit and able to complete the itinerary of your chosen Holiday as described on Our website and in Our brochure. We reserve the right to require you to produce a doctor’s certificate of fitness to participate in your chosen Holiday. If you are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the Holiday, you must advise us before booking. If you do not do so, We may cancel your Holiday at any time.
• Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the Holiday. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the Holiday in which case all monies paid will be forfeit
• You should inform Us immediately if, within 4 weeks prior to your arrival date or during your Holiday, any member of your party has, or develops, an infectious or contagious medical condition. If so, We have the right to:
• refuse to accept your booking;
• cancel your Holiday; or
• ask any member of your party to leave immediately, should We, at Our reasonable discretion, consider it necessary to protect the health of others.

Notice of Risk

• You acknowledge that you will be participating in an organised retreat Holiday which will involve strenuous physical activity.
• You confirm that you are sufficiently fit for, and are not suffering from any health problems which will be exacerbated by such activity.
• You confirm that you are aware of and accept such risk and will be responsible for your own actions and involvement in this activity.
• In the case of a Booking being made by a lead name on behalf of another person or group of persons, then the lead name must have the authority of all the other people to accept these terms and conditions on the group’s behalf.

Price and payment

• The price of the Holiday is as set out in Our price list in force at the time We confirm your Booking. Our prices may change at any time, but price changes will not affect any Booking that We have confirmed with you.
• These prices include VAT. However, if the rate of VAT changes between the date of the Booking and the date of the Holiday, We will adjust the rate of VAT that you pay, unless you have already paid for the Holiday in full before the change in the rate of VAT takes effect,
• Details of when payments for the Holiday are due are given in clause 3.8. Your rights to a refund on cancellation are set out in clause 11.

Our liability to you

• If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time we entered into this contract.
• We do not exclude or limit in any way Our liability for:
• death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
• breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
• We shall have no liability where the cause of the failure to provide, or failure in, your Holiday or any death or personal injury you may suffer is not due to any fault on Our part or that of Our agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond Our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither We, nor Our agents or suppliers could have foreseen or forestalled
• There is a natural need to be flexible in a Holiday of this kind. The day to day agenda and ultimate aim of the Holiday is taken as an objective and not as a contractual obligation. It is a fundamental condition of booking that you accept this flexibility, and acknowledge that delays and alterations and their subsequent results, such as inconvenience, discomfort, or disappointment, are possible.
• Our responsibility does not commence until the appointed time at the designated meeting point. If you fail to arrive there at the appointed time for whatever reason, we will not be responsible for any additional expenses incurred by you to meet up with the group.
• Any information given by the Company in regard to climate, clothing, special equipment, topography etc is done so in good faith and must be rechecked by you prior to relying on it.

Events Outside Our Control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
• An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
• If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
• We will contact you as soon as reasonably possible to notify you; and
• Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
• You may cancel the Booking if an Event Outside Our Control takes place and you no longer wish Us to provide the Holiday. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 11.

Your rights to cancel and applicable refund

• Before We begin to provide the Services, you have the following rights to cancel a Booking including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 1 to your material disadvantage:
• You may cancel any Booking for Services within 5 calendar days of placing a Booking by contacting Us, provided that the Booking has been made at least 56 days before the start of the Holiday. We will confirm your cancellation in writing to you.
• If you cancel a Booking under clause 1.1 and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
• Once We have confirmed a Booking, you may cancel the Booking with immediate effect by giving Us written notice if:
• We break this contract in any material way and We do not correct or fix the situation within 30 days of you asking Us to in writing;
• We go into liquidation or a receiver or an administrator is appointed over Our assets;
• We change these Terms under clause 1 to your material disadvantage; or
• We are affected by an Event Outside Our Control.

Our rights to cancel and applicable refund

• fulfil the Booking. We will promptly contact you if this happens.
• If We have to cancel a Booking under clause 1.1 We will refund the sums paid by you to Us for the Holiday.
• Once We have accepted the Order We may cancel the Booking at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment to Us in advance for the Holiday that has not been provided to you, We will refund these amounts to you.
• Operation of all Holidays is dependent on a minimum number of persons booking the Holiday. If that number is not achieved, we reserve the right to cancel your Booking. However we will not cancel your Holiday less than 30 days before the start date except for Events Outside Our Control or failure on your part to pay the deposit and/or final balance.
• We may cancel the Booking at any time with immediate effect by giving you written notice if:
• you do not pay Us when you are supposed to as set out in clause 3.8; or
• you break the contract in any other material way and you do not correct or fix the situation within 10 days of Us asking you to in writing.
• If We cancel the Booking as described in this clause 12.4, We will retain any payments already made to Us by you

Information about us and how to contact us

We are a company registered in England and Wales. Our company registration number is 09943151 and Our registered office is at 31 Northwich Business Centre, Meadow Street, Northwich, Cheshire, United Kingdom CW9 5BF.

• If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us hello@inspiritretreat.co.uk.
• If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to The Directors, Insprirt Retreat Limited at 31 Northwich Business Centre, Meadow Street, Northwich, Cheshire, United Kingdom CW9 5BF. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Booking.

How we may use your personal information

• We will use the personal information you provide to Us to:
• provide the Holiday;
• process your payment for such Holiday; and
• inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
• You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
• Any likeness or image of you secured or taken on any of Our holidays may be used by Us without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet, unless you expressly request Us not to.

Other important terms

• We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
• You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
• This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
• 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.
• If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
• These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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