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Terms & Conditions
IBIZA YOGA TERMS AND CONDITIONS 8.1 The Firm reserves the right to alter the accommodation that you have booked - we shall try to give you a similar value accommodation to what you have paid . The Firm reserves the right to alter the yoga activity (such as change the yoga teacher or consolidate the class due to teachers absence , low/high numbers of clients or bad weather ) or circumstances beyond the Firm’s control require it to do so. 8. 2 In the event that the Customer should decide to downgrade their accommodation after monies (deposit / balance) have been paid, the customer will not be entitled to any refund. If the customer wishes to upgrade there are charges. 11.1 The Firm shall not be liable for any failure in the performance of any of it's obligations under any written Reservation Form or the Terms and Conditions caused by any factor or factors beyond it's control. This covers natural disasters or other 'Acts of God', forest wild fires, floods, war or failure of third parties (such as suppliers and subcontractors) to perform their obligations to the contracting party. 13.11 If you injure yourself in a class you do not get a refund for any future classes. 13.13 Rainy Weather - When it rains yoga may be delayed to a later time, it may be a shorter class, it may not happen at all. If you are a drop in student and you arrive and yoga has been cancelled you may reschedule for a later date if available and the teacher and the Ibiza Yoga office are informed. If no future date is available you lose the money or Ibiza Yoga office may allow you to use it as a credit for the following year. 13.14 Bookings unusual - If you make a booking with IY that is unusual in any way for instance - not the standard one week stay - that you may be staying an extra day - you require a set menu - you want a double bed - the details of your booking must be outlined to IY in an email from the you the guest and agreed with by IY in an email to you the guest. 13.15 If a guest leaves items behind at the retreat , we shall post them to you , we charge not only for the postage but for our time to , package the item ,take it to the post office , and return back to work. Time is charged at £25 per hour. Most items take around one hour round trip to deal with. Monies are to be paid before postage takes place. 13.16 Guests are obliged to inform Ibiza Yoga about the stage of their pregnancy. Ibiza Yoga will send guests via post/email the following letter that needs to be signed and sent back. I, the undersigned ( your name), acknowledge that whilst participating in yoga classes at Ibiza Yoga, I accept full responsibility for any occurrence which adversely affects my pregnancy caused by my participation in any classes not specifically designed for pregnancy. I acknowledge that Ibiza Yoga Ltd has advised me not to participate in any yoga activities available at Ibiza Yoga whilst pregnant and if I chose to do so it is at my own risk. Furthermore, I confirm that I have been advised that Ibiza Yoga suggests that no classes whatsoever are undertaken within the first 12 weeks of pregnancy, any class that is undertaken is at my own risk. 13.17 On some occasions, if a guest is arriving late they may sleep on the sofa in the living room rather than disturb / wake their room mate late at night. 13.18 If the shower units and toilets are not working in the Pagoda Garden the guests from the Pagoda Garden are entitled to use the toilet and showers in both Villa Roca and Villa Nova.
1. 0 DEFINITIONS
The following terms shall have the following meanings;
1. 1 'Accommodation': the accommodation provided by the Firm in its Spanish Resort as stated in the Reservation Form.
1. 2 'Commencement Date': the start date of a Reservation as stated in the Reservation Form.
1. 3 'Contract': The confirmed reservation in accordance with the detailed provisions as contained in the Reservation Form and confirmed in writing by the Firm.
1. 4 'Customer': the person or persons making a reservation as named in the Reservation Form.
1. 5 'Expiry Date': The expiry date of a reservation as stated in the Reservation Form or such later date as the Parties may from time to time agree in writing.
1. 6 'Company': the partnership trading as Ibiza Yoga Ltd whose principal trading office is situated at 16 Camden Road, London, NW1 1DP, England. Telephone: 020 7419 0999. Fax: 020 7267 5677. Website:http://www.ibizayoga.com Email:info@ibizayoga.com
1. 7 'Manager': the person appointed by the Firm to act as Manager.
1. 8 'Director': a person properly appointed as Director in the Company. There are two Directors namely: Sarah Robbie and Daniel Harte.
1. 9 'Parties': The Customer and the Firm whose particulars are as stated in the Reservation Form.
1.10 'Property': The Firm's property situate on or at the Firm's Resort and where the text so permits or requires any part of it.
1.11 'N.D.R' - 'Non Deposit Reservation ': The detailed particulars of a reservation made by the Customer with the Firm which are re contained in the written Reservation Form.
1.12 'DEPOSIT': The deposit payable to confirm a Reservation.
1.13 'C,O.D' - 'CONFIRMATION OF DEPOSIT': The written document or electronic format containing the particulars of the parties and details of Reservation confirmed to the Customer by the Firm.
1.14 'Resort': The firm's property situated in Spain at 'Papeleria Labritja 42, Sant Joan De Labritja, Ibiza, Spain known as Villa Roca plus Villa Palmas , Villa Nova and the two beach apartments.
1.15 ''Term': The period starting on (and including) the Commencement Date and ending on the Expiry Date unless extended by written consent of the Firm or earlier termination in accordance with these Terms and Conditions.
1.16 'P.I.F' - Payment in full.
1.17 'IY' Is an abbreviation for Ibiza Yoga Ltd 'the Company' see 1.6 above.
1.18 'Reservation Form' the documents that are supplied by IY by email that refer to the accommodation booked.
1.19 'The Firm' is another word for IY or the Company see 1.6. and 1.17 above.
2. 0 ACCOMMODATION AND PRICES
2. 1 The available accommodation is situated at the Firm's Resort and includes the following units which comprise:
2. 1.1 Villa Roca
2. 1.2 Villa Palmas
2. 1.3 Benirras Beach Apartments ( 1 & 2)
2. 1.4 Pagoda Garden
2. 1.5 Gazebo
2. 1.6 Teeepees
2..1.7 Villa Nova (available only when
advertised)
2. 2 There is the one booking season which is the first week in April and the last week in October.
2. 3 The price for each accommodation is scheduled by season showing single supplements as applicable in the current price list for the year shown.
2. 4 Accommodation shall be ready for occupation at 2pm on the date of arrival and must be vacated by 10am on the date of departure.
2. 5 Only the Customer and members of his / hers groups stated in the Reservation Form may occupy the Firm's property for the duration stated on the Form this does not give the Customer or any member of his group any estate, right or interest in the Property except as is necessary for the exercise expressly conferred by the Reservation Form and does not exclude the Firm from the legal possession of the Property.
2. 6 Use of the Firm's Property facilities and accommodation is personal to the Customer and members of his group as stated in the Reservation Form and shall not be capable of being assigned, shared, or otherwise disposed of and the Customer nor any member of his group shall grant or attempt to grant any rights in it.
2. 7 The Customer and any member of his/her group shall not use the Property except for permitted use and shall not use the Property for any offensive, noisy, dangerous, illegal, immoral, or improper purposes, keeping live birds or animals: exhibition or entertainment: public meeting: or any sale by public auction.
2. 8 The Customer and any of his/her group shall not attach or display any advertisement, sign, flag or notice on or in the Property.
2. 9 The Customer and any member of his group shall not do anything on the Property which may be a nuisance or annoyance to the Firm and it's tenant's ,guests, staff or owners or occupiers of any neighbouring property or other parts of the Firm’s Property.
2. 10 The Customer shall keep the property fixtures fittings furniture and effects in a clean and good condition (accidental fire damage and wear and tear excepted) and shall replace any articles which are destroyed or missing with articles of a similar kind and of equal value.
2. 11 The Firm reserves the absolute right at it's sole discretion to terminate use of the Property or any of it's facilities by the Customer or any member of his group in the event of any breach of these Terms and Conditions and upon being provided written notice to that effect the Customer and/or any member of his group will be required to forthwith vacate the Firm's property and the Firm shall not accept any consequential liability damages or loss occasioned thereby.
3. 0 WEBSITE
3. 1 The Firm e-mail and website address is as stated in Clause 1.6 above.
3. 2 The Firm retains all copyright licence rights and sole exclusive ownership of the information photographs and material contained ,displayed , provided or referred to on it's website
3. 3 Any user of the website acknowledges and warrants that he / she :
3. 3.1 will not use any photograph material or information contained in the
website for any purpose prohibited by the Terms and Conditions or for any unlawful purpose.
3. 3.2 will only access and use the website for his own personal non-commercial use.
3. 3.3 will not modify, copy, distribute, transmit, display, reproduce, publish, licence, create derivative works from, sell, or in any other way use any information, photographs, material, products, or services contained on the Firm's website.
3. 3.4 the user is 18 years of age or older
3. 3.5 has legal authority to use the website in accordance with these Terms and Conditions
3. 3.6 agrees to be entirely financially responsible for all charges fees and other
sum(s) whatsoever arising from use of the website.
3. 4 The Firm accepts no responsibility for keeping the website up to date and will not be liable for any loss occasioned by it's failure to do so.
3. 5 The information and contents of the website constitute an invitation to treat and do not form any N.D.R or Contract. Any N.D.R offer made by a user of the website is subject to acceptance in writing in a N.D.R Form issued by the Firm.
3. 6 The Firm shall not be liable for any loss or damage to the user as a direct or indirect consequence of the user relying on any inaccurate fact or misstatement (fraudulent misrepresentation excluded) made or provided by the Firm on it's website.
3. 7 Where the website contains links to any other website the Firm does not monitor or endorse them and cannot be responsible for the contents or information provided therein and cannot accept any liability whatsoever howsoever rising in relation to any such website link.
3. 8 The Firm reserves the absolute right at it's sole discretion to terminate any Reservation if any user or customer uses the Firm website unlawfully or in contravention of these Terms and conditions.
3. 9 The Firm cannot warrant that it's website or any link is free from any computer virus or other malicious or impaired computer programmes and the user enters the Firm's website entirely at his/her own risk.
4. 0 BOOKING AND RESERVATIONS
4. 1 Reservations may be made by telephone, letter, fax, via the website, or by e-mail to the appropriate communication address or telephone number of the Firm as set out in Clause 1. 6 above.
5. 0 CONFIRMATION AND CONTRACT
5. 1 All Reservations will be confirmed by the Firm by email to a valid e-mail address within 24 hours of the date upon which the Reservation is made.
5. 2 It is the Customers sole responsibility to check the Reservation Form and ensure that the particulars contained therein are correct.
5. 3 Should the Reservation Form contain any error or inaccuracy then the Customer must notify the Firm immediately or in any event within 7 days of his receipt of the Reservation Form by telephone or fax in which event the Firm at it's absolute discretion may amend the Reservation Form or cancel the Reservation at no cost to the Customer.
5. 4 Should the Customer fail to notify the firm within the time specified in clause 5.3 then the Firm will be entitled to charge an administration fee not exceeding £8 for any change to or cancellation of the Reservation in addition to any cancellation fee applicable.
5. 5 Upon expiry of the time permitted by clause 5.3 and provided that the Firm has not received any notification to the contrary from the customer the Reservation Form shall form a binding enforceable Contract between the Parties.
5. 6 The firm will not be responsible for any loss or damage occasioned by the Customer failing to provide notification of an error or inaccuracy in the Reservation Form or Contract within the time limit specified in clause 5. 3 above and the Customer will be liable to pay all monies due in respect of the Contract.
6. 0 PAYMENT
6. 1 Time for payment shall be of the essence.
6. 2 Within 2 hours of the date of the NDR the Customer shall pay the Firm a non- refundable deposit in the sum of £150 for each person named in the COD Form, namely in respect of himself and an additional £150 for each member of his group. £150 for Villa Palmas/Villa Nova and £125 elsewhere.
6. 3 The balance monies due in respect of the Contract shall be paid by the Customer to the Firm not less than 6 weeks prior to the date of departure.
6. 4 Payment may be made by cash at the Firm's London Office, credit card via the web site, or cheque made payable to 'Ibiza Yoga Limited'.
6. 5 If payment of either the deposit or the balance is not received by the due date whether legally demanded or not then the Firm reserves the right to cancel the COD and retain the deposit.
6. 6 In the event of cancellation for whatever reason the Firm may levy and the Customer shall forthwith pay a cancellation fee for such cancellation calculated as follows for cancellation occurring:
6. 6.1 8 weeks or more before departure £150
6. 6.2 between 4 and 8 weeks before departure 50% of the full price
6. 6.3 between 11 days and 4 weeks before departure 75% of the full price and
6. 6.4 between 11 days before holiday start date full price
7. 0 TRAVEL ARRANGEMENTS
7. 1 It is the Customer's sole responsibility to ensure that he/she and all members of group arrive at the airport within the required time for departure check-in, together with the correct travel documentation including adequate personal and property insurance and EEC medical exception certificates.
7. 2 The Firm can accept no responsibility for delay or cancellation in any flight or any company used by the Customer or any member of his/her group or for any irregularity or failure in producing or providing any required documentation required for travel as provided in clause 7. 1 above.
7. 3 The Customer shall ensure that he /she arranges adequate timely transfers/transport for himself and all members of his group to the airport of departure and to and from Ibiza airport to the Resort.
7.4 It is the Customers responsibility to get any necessary visas for entry to Spain.
8. 0 AMENDMENT OR ALTERATIONS TO RESERVATIONS AND CONTRACTS
9. 1 Health and Safety
9. 1.1 The Firm is under a duty to ensure so far as is reasonably practicable that the health, safety and welfare of all Customers and other persons affected by the Firm's business are protected.
9. 1.2 It is the duty of all Customers including members of his group to take reasonable care of their health and safety and that of other persons who may be affected by their acts or omissions and to co-operate with the Firm so far as is necessary to perform or comply with any requirement imposed by any relevant safety rules regulations and law.
9.1 3 The Customer must comply fully with all and any health and safety
Regulations from time to time introduced by the Company.
9.1 4 Use of the Company's facilities and participating in activities promoted by the Company are undertaken entirely at the sole risk of the Customer and his group.
9.1.5 Prior to using any of the Company's facilities or participating in any activity promoted by the Company the customer must ensure and is solely responsible to satisfy himself / herself that he / she and or all members of his / her group are medically mentally and physically fit and able to use such facilities or participate in activities promoted or organise by the Firm. It is recommended that Customers seek doctors advise if practicing yoga for the first time , if pregnant or have injuries or illness.
9.1 6 The Customer is under a duty to notify the London office staff prior to arrival and the Manager in Ibiza , immediately upon arrival at the Resort of any medical mental or physical condition or pregnancy affecting the the Customer or any member of his group and the Firm reserves the right at it's absolute discretion to restrict or prevent the Customer or any member of his group from using any facility or participating in any activity promoted or organised by the Firm without liability for any refund.
9.1. 7 The Firm will not accept any liability for any injury to the Customer or his group in their use of the Firm's facilities or participation in activities promoted or organised by the Firm and it is the sole responsibility of the Customer to ensure that he and each member of his group have adequate personal insurance cover in respect of physical injury and other medical risk(s).
9.1. 8 The firm is not responsibile for the permenant supply of water to the properties in Benirras . From time to time the supply is interupted and this can result in no water for several hours . We have a back up system and do our best to keep a small supply available.
9. 2 SECURITY AND VALUABLES
9.2 1 The Customer and each member of his group shall take proper care and use of the
Firm's accommodation equipment and facilities and shall reimburse the Firm for
any loss breakage or damage occasioned by the improper or negligent use thereof
prior to departure from the Resort.
9.2. 2 The Customer nor any member of his group may not without the prior consent of
of the Firm remove or attempt to remove from the Firm's premises any property
whatsoever belonging to the Firm and the Customer shall be liable for and
reimburse the Firm for any loss arising as a result thereof.
9.2 3 The Firm cannot accept any responsibility for loss or damage howsoever
occasioned to the personal property possessions or valuables of the Customer or
any member of his group and it is the sole responsibility of the Customer to
ensure that he and each member of his group have adequate insurance cover in
respect of their personal property.
10.0 COMPLAINTS
10.1 In the event of a Customer having any reasonable proper complaint regarding a NDR, PIF, COD, accommodation, facility, activity or employee of the Firm, then the Customer will not discuss them with any Third Party and shall notify the Firms Manager as soon as possible, providing any available supporting evidence in respect thereof, ensuring that the Manager accurately records the complaint in the Firms Grievance / Incident Book, a copy of the Grievance / Incident Book entry shall on request be provided to the Customer and the Manager shall use his best endeavours to deal with such complaint on behalf of the Customer as soon as reasonably possible, notify the Customer of the outcome and record the outcome and any Customer comments in the Grievance / Incident Book.
10.2 If the customer is dissatisfied with the response to the complaint by the Manger then the Customer may refer the matter in writing within 7 days of the initial complaint to a Director of the Firm at the address shown in clause 1. 6 above and the Director will seek to resolve the complaint to the satisfaction of the customer as soon as reasonably practicable.
11.0 FORCE MAJEURE
12.1 Headings and clause headings contained in the COD or these Terms and Conditions are for reference purposes only and should not be incorporated in the said documents and shall not be deemed to be any indication of the meaning of any clause or sub-clause to which they relate.
12.2 Joint and Several. All agreements on the part of either of the Parties which comprises more than one person or entity shall be joint and several and the neuter singular gender throughout the Reservation Form and these Terms and Conditions all include all genders and the plural and the successors in title to the Parties.
12.3 References. References in this Contract to any clause sub-clause schedule or paragraph without further designation shall be construed as reference to the clause sub-clause schedule or paragraph of this contact so numbered.
12.4 Severance. If any provision or part thereof of the written Reservation Form or these Terms and conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either of the Parties from any competent authority the Parties shall amend that provision in such manner as achieves the intention of the Parties without illegality or that may be severed from Reservation Form or these Terms and Conditions and the remaining provisions of Reservation Form and these Terms and Conditions all remain in full force and effect
.
12.5 Jurisdiction. All Reservations Contracts and these Terms and Conditions shall be governed by English Law and the Parties consent to the exclusive jurisdiction of the English courts in all matters regarding them.
13.0 MISCELLANEOUS
13.1 Non-assignable. All Reservations, Reservation Forms, and contracts are personal to the Customer and the Customer shall not assign or dispose of it or part with any interest in any Reservation, Reservation Form, or Contract.
13.2 Survival of terms. No term shall survive expiry or termination of the Reservation Form or Contract unless expressly provided.
13.3 Supersedes prior Terms and Conditions. These Terms and Conditions supersede any prior Terms and Conditions and any such prior agreements are cancelled as at the revision date but without prejudice to any rights which have already accrued to either of the Parties.
13.4 Change of address and contact details. Each of the Parties shall give notice to the other of the change or acquisition of any address telephone fax number or electronic mail address or similar contact particulars at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.
13.5 Notices. Any notice to be served on either of the Parties shall give notice to the other of the change or acquisition of any address telephone fax number or electronic mail address or similar contact particulars at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.
13.6 Warranty. Each of the Parties and signatories to a Reservation, Reservation Form or Contract warrants its power to enter into the Reservation, Reservation Form or Contract and the information contained therein and has obtained all the necessary permits and approvals to do so.
13.7 Photographs and Promotional Material. All and any photographs and promotional material produced by the Firm shall at all times remain the exclusive property legal and equitable ownership of the Firm and cannot be used or reproduced for any purpose by a customer website user or any Third Party without the prior written consent of the Firm.
13.8 No employer/employee relationship or partnership. Nothing contained in the Reservation, Reservation Form or Contract shall be construed or have effect as constituting any relationship of employer and employee or partnership between the Firm and Customer.
13.9 If Ibiza Yoga (the company) decides to offer a discount to some students, or last minute discount places, this does not affect the status of any students who have previously paid the full price, and no discount will then become due to them.
13.10 Ibiza Yoga accepts no liability for loss, damage, injury or illness, which may or may not be received while at Ibiza Yoga , or travelling to or from ibiza Yoga.
13.12 If you are a guest of Villa Roca and you wish to do the yoga at Villa Palmas a £30 supplement applies (where spaces are available and pre- booked only). The walk from Villa Roca to Villa Palmas is uphill and approximately 1/3 of a mile depending on your walking pace the journey will take 4-10 minutes.
Last updated 03/09/10
