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. 2015 Please note that Personal Accident and Cancellation Insurance is highly recommended. 1. Interpretation & Definitions
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions). Booking Form: the booking form produced by Vitality Fitness Holidays /Bootcamps to be completed by the Client upon making a Booking. Contract: the contract between the Client and Vitality Bootcamp (Vitality fitness holidays) under which the Services are to be provided by Vitality Bootcamps to the Client. Client: the person, firm or company who makes a Booking with Vitality Bootcamps.
PAYMENTS Deposits on booking: £200 Then equal instalments up to 4 months prior to holiday. Fee: The amount payable by the Client under the Contract.
Force Majeure: any act, event, omission or accident beyond Vitality Bootcamps’s reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Vitality Bootcamps or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or Vitality Bootcamps contractors.
Fundamental Change: A change in the date, location or over 80% of the content of the Services. Services: the services provided by Vitality Bootcamps to the Client under the terms of the Contract and “Service” shall be construed accordingly. 1.2 Wording importing the singular meaning shall include the plural meaning and vice versa.
1.3 Reference to any gender includes the other genders;
1.4 Headings in these Conditions shall not affect their interpretation.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
2.1 These Conditions shall be deemed to be incorporated in all Contracts and in the case of inconsistency with any Booking Form or other form of communication between the Client and Vitality Bootcamps, whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed on behalf of Vitality Bootcamps.
2.2 Any concession allowed by Vitality Bootcamps to the Client shall not affect the rights of Vitality Bootcamps under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract, the other Conditions shall continue in full force and effect.
3.1 In order to place a Booking, the Client shall submit a completed Booking Form to Vitality Bootcamps together with the Deposit. All Bookings shall be provisional and shall only be confirmed once the Deposit has cleared in Vitality Bootcamps bank account. If the Client is an individual, he or she must state his or her date of birth on the Booking Form and if the Client is an individual, a firm or a company making a Booking on behalf of more than one person, the date of birth of each person to whom the Services will be provided must be stated on the Booking Form.
3.2 If a Booking is made by a Client, the Client shall be deemed to have read these Conditions and if the Booking is made by telephone, e-mail or facsimile, the Client is deemed to have signed the declaration on the Booking Form.
4.1 A Contract shall be formed when Vitality Bootcamps accepts the Booking in writing this can be by email, text massage, and Vitality Bootcamps reserves the right to decline any booking at its discretion.
4.2 No variation of these Conditions shall be valid unless it is in writing and signed by or on behalf of Vitality Bootcamps and the Client.
4.3 No verbal representations made by Vitality Bootcamps shall be relied upon by the Client. 4.4 Any quotations that may be given by Vitality Bootcamps are given on the basis that no Contract shall come into existence except in accordance with condition 4.1.
5. The Fee and Payment Terms
5.1 The Fee payable for the Services shall unless otherwise stated in the Contract be the fee chargeable by Vitality Bootcamps for such Services current at the date of the provision of the Services. Such Fee shall include the planning, organising and delivery of the Services. 5.2 Once the Deposit has been paid by the Client, and the Contract formed under condition 4.1, if the Client wishes to alter any aspect of the Services, Vitality bootcamps may make such additional reasonable charges (Charges) as it may in its absolute discretion decide and such Charges shall be notified in writing to the Client. If the Client refuses to pay such Charges, Vitality Bootcamps shall be entitled to cancel the Contract forthwith and notwithstanding condition 9, the cancellation charges set out in condition 8 shall apply.
5.3 The balance of the Fee shall be paid by the Client to Vitality Bootcamps by no later than four weeks prior to the commencement of the Services unless agreed in writing by Vitality Bootcamps on confirmation of the Booking in accordance with condition 4.1. If the Client fails to pay the balance of the Fee to Vitality Bootcamps then Vitality Bootcamps may in its absolute discretion cancel the Booking and notwithstanding condition 9, shall be entitled to retain the Deposit. 5.4 The Fee must be paid in its entirety at the time of the Client placing a Booking in accordance with condition 3.1, if a Booking is made within four weeks of the commencement of the Services.
6. Responsibilities of the Client
6.1 The Fee shall not include travel to and from the location at which the Services shall be provided and this shall be the sole responsibility of the Client unless agreed in writing with Vitality Bootcamps.
6.2 The Client shall be responsible for their own travel arrangements to the event, personal medical requirements, clothing and footwear for the duration of the Services unless otherwise agreed in writing with Vitality Bootcamps.
6.3 The Client shall be responsible for advising Vitality Bootcamps in the Booking Form of any health issues that may make them unable to take part in any of the Services. Failure to do so may result in Vitality Bootcamp terminating the Contract without refund and/or withdrawing the Client from any part of the Services, notwithstanding the provisions of condition 9.
6.4 The Client shall be held responsible to make compensation for any damage they cause to the contents and furnishings of the premises where the Services are being carried out during their stay, except for wear and tear.
7. Changes to the Contract
7.1 Vitality Bootcamps reserves the right to change any price or other particulars of the Services before the Contract is formed in accordance with condition 4.1.
7.2 If there is a Fundamental Change to a confirmed booking Vitality Bootcamps will inform the Client as soon as is reasonably practicable and offer the Client the choice of accepting the change, receiving a full refund or accepting the provision of the Services on an alternative date.
7.3 If there is any change other than a Fundamental Change after the Contract is formed in accordance with condition 4.1, Vitality Bootcamps is not obliged to inform the Client in advance and no compensation will be payable.
8. Cancellations by the Client
8.1 If the Client wishes to cancel the Contract, the Client must advise Vitality Bootcamps in writing as soon as reasonably practicable and the following cancellation charges shall apply: Date of cancellation Cancellation charge Less than 3 months before start of the fitness holiday 100% of the Fee Less than 4 months before start of the course 75% of the Fee Less than 6 months before start of the course 50% of the Fee
8.2 The cancellation charges are calculated inclusive of the Deposit which is in all circumstances non-refundable.
8.3 The cancellation charges may be waived in exceptional circumstances at the absolute discretion of Vitality Bootcamps.
8.4 If the Client fails to arrive on the commencement date of the Services, the Fee will be due in full to Vitality Bootcamps and no refund shall be given.
8.5 The Client may request to reschedule the Services, provided that they do so no later than 3 months before the commencement of the Services, save that Vitality Bootcamps reserves the right to refuse any such request. If Vitality Bootcamps agrees to the Services then an additional 20% handling fee will be payable by the Client. If the Client fails to pay the handling fee, then Vitality Bootcamps may in its absolute discretion cancel the Contract and notwithstanding condition 9, the cancellation charges in condition 8.1 shall apply.
9. Cancellations by Vitality Bootcamps Vitality Bootcamps reserves the right to cancel a Contract but will endeavor not to do so. If Vitality Bootcamps cancels a Booking prior to the commencement of the Services, Vitality Bootcamp shall offer the Client the choice of either a full refund or the provision of Services on an alternative date (with pro-rata price reductions/ increases as appropriate).
10. Services 10.1 Vitality Bootcamps reserves the right to alter the content of the Services without notice to the Client. 10.2 Any Services published by Vitality Bootcamps are designed for illustrative purposes only. 10.3 During the provision of the Services, Vitality Bootcamps reserves the right to alter the content of the Services at any time due to certain factors including but not limited to the weather and the physical fitness of the Clients. 10.4 If a Client chooses not to participate in any part of the Services being provided, Vitality Bootcamps is not obliged to provide an alternative or any refund to the Client. 10.5 Vitality Bootcamps may in its absolute discretion make decisions affecting the Clients and it may require a Client to cease participating in the Services if, for example, it believes that a person’s health is at risk and if the Client has failed to advise Vitality Bootcamps of a health condition in accordance with condition 6.3, Vitality Bootcamps may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9. 10.6 The Client must refrain from any illegal act and conduct which may give offence or cause danger or damage to any person or property at all times during the Services. If Vitality Bootcamps or any of its employees, consultants or agents, believe that the Client is in breach of this obligation or is likely to breach this obligation, Vitality Bootcamps may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9, and require the Client to leave the venue at which the Services are being provided. Vitality Bootcamps will have no liability to the Client in respect of such termination, howsoever arising.
11. Complaints 11.1 If there is a problem during the Services, the Client must report it in the first instance to an employee or consultant of Vitality Bootcamps. In the unlikely event that a problem cannot be resolved, the Client must notify Vitality Bootcamps within 28 days of the end of the Services advising Vitality Bootcamps of the full details of the complaint (Notice). Failure to serve the Notice on Vitality Bootcamp within the specified period will preclude the Client from being entitled to take any further action against Vitality Bootcamps.
12. Limitation of Liability 12.1 This condition 12 sets out the entire financial liability of Vitality Bootcamps (including any liability for the acts or omissions of its employees, agents, consultants, and contrators) to the Client in respect of: (a) any breach of the Contract; (b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract. 12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract. 12.3 Nothing in these Conditions limits or excludes the liability of Vitality Bootcamps for death or personal injury resulting from the negligence of Vitality Bootcamps; or for any liability incurred as a result of fraud or fraudulent misrepresentation by Vitality Bootcamps. 12.4 The Client recognises that engaging in the Services includes an inherent risk. Those risks include a broad range and the Client recognises that those risks include the possibility of personal injuries and even death. The Client chooses to participate in the Services in spite of those risks. The Client therefore agrees to assume all risks that may occur resulting in any harm, damage, injury, illness or death to oneself. The Client agrees to release and discharge vitality Bootcamps, its officers, employees, consultants and agents from any and all claims for liability, damage, injury, illness, death, costs or other expenses or any other damages claimed except in respect of personal injury or death caused by the negligence of Vitality Bootcamps. 12.5 Vitality Bootcamps A will not accept liability for any loss or damage to any vehicle or personal property belonging to the Client during the Services.
13. Media 13.1 Vitality Bootcamp has the right to take Recordings & photos of the client during the services and the client accepts that all rights whatsoever and howsoever arising in the recordings shall be owned soley by Vitality Bootcamps. 13.2 The Client accepts and agrees that Vitality / fitness holidays/Bootcamps may use any photos & recordings in any manner that it may in its absolute discretion decide including but not limited to its website or any other promotional material or advertisements.