IBIZA YOGA LTD TERMS AND CONDITIONS
The following terms shall have the following meanings:
1.1 'Accommodation': the accommodation provided by the Company in Ibiza as stated in the Booking Form
1.2 'Commencement Date': the start date of a Booking as stated in the Booking Form.
1.3 'Contract': The confirmed booking in accordance with the detailed provisions as contained in the Booking Form and confirmed in writing by the Company.
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': Ibiza Yoga Ltd, sometimes referred to as 'We', the company, is a registered company in England and Wales whose principal trading office is situated at:
16 Camden Road
1.7 'Manager': the person appointed by the Company to act as Manager.
1.8 'Director': a person properly appointed as Director of the Company. There are two Directors namely: Daniel Harte and Sarah Robbie.
1.9 'Parties': The Customer and the Company whose particulars are as stated in the Booking Form.
1.10 'Property': The Company's property situated on or at the Company'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 Company that is contained in the written Booking Form online in an email.
1.12 'Deposit': The deposit payable to confirm a Reservation is non-refundable.
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 Company.
1.14 'Resort': The company's property situated in Spain known as Villa Roca, Villa Palmas, Pagoda Garden, Casa Nova, and Casa Covas.
1.15 ''Term': The period starting on (and including) the Commencement Date and ending on the Expiry Date unless extended by written/verbal consent of the Company 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 'Booking Form' the documents that are supplied by IY by email that refer to the accommodation booked
1.19 'Roca' is an abbreviation for Villa Roca
1.20 'Casita' s an abbreviation for The Casita
1.21 'Company' Ibiza Yoga Ltd is sometimes referred to as IY Ltd.
2.0 ACCOMMODATION AND PRICES
2.1 The available accommodation is situated at the Company's Resort and includes the following units which comprise
2.1.1 Villa Roca
2.1.2 Pagoda Garden
2.1.3 Villa Nova
2.1.4. Casita (available only when advertised)
2.2 There is the one booking season and the start and finish date are advertised on our web site. Usually, this is from Easter to November.
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. The single supplement is usually 75%. Single supplement for short stays is 100%.
2.4 Accommodation is available from Saturday at 2 pm until the following Saturday at10 am. Arrivals outside of these times are charged accordingly.
2.5 Only the Customer and members of his /her groups stated in the Booking Form may occupy the Company'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 Booking Form and does not exclude the Company from the legal possession of the Property.
2.6 Use of the Company's Property facilities and accommodation is personal to the Customer and members of his group as stated in the Booking Form and shall not be capable of being assigned, shared, or otherwise disposed of and neither 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 Company and it's tenant’s, guests, staff or owners or occupiers of a neighbour’s property or other parts of the Company’s Property.
2.10 The Customer shall keep the property fixtures, fittings, furniture and effects in a clean and good condition (wear and tear excepted) and shall replace any articles that are destroyed or missing with articles of a similar kind and of equal value.
2.11 The Company reserves the absolute right at its sole discretion to terminate use of the Property or any of its 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 Company's property and the Company shall not accept any consequential liability damages or loss occasioned thereby.
2.12 At the beginning and end of each season we may hire rooms out to another activity holiday specialist, whom will be collected and bought back to the Villa each day, whereby they practice their exercise activity at a different location.
2.13 When you book with us you have the choice of booking a single room supplement, in other words, to have a room to yourself / alone. If you do not make this choice. You may end up sharing a room with someone on the first few days of your visit, that person then leaves and then another person arrives mid-week to share your room - in other words, you may end up with 2 roommates, one for a couple of days and then another for a couple of days. We do not give you the opportunity to upgrade to a single room supplement once you are at the retreat because we may have already sold the bed spaces prior to your arrival. If having a room to yourself is a priority then please book it in the first instance.
2.14 Water at Roca Casita and Casa Nova. The supply is cut from time to time and when this happens we switch on our reserve tank on - if there is no one around to switch it on then there will be a delay.
3.1 The Company e-mail and website address is as stated in Clause 1.6 above.
3.2 The Company retains all copyright license rights and sole exclusive ownership of the information photographs and material contained, displayed, provided or referred to on its 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, license, create derivative works from, sell, or in any other way use any information, photographs, material, products, or services contained on the Company's website.
3.3.4 has legal authority to use the website in accordance with these Terms and Conditions
3.3.5 agrees to be entirely financially responsible for all charges fees and other sums (s) whatsoever arising from the use of the website.
3.4 The Company accepts no responsibility for keeping the website up to date and will not be liable for any loss occasioned by its 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 an N.D.R Form issued by the Company.
3.6 The Company 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 made or provided by the Company on its website.
3.7 Where the website contains links to any other website the Company does not monitor or endorse them and cannot be responsible for the contents or information provided therein and cannot accept any liability whatsoever howsoever arising in relation to any such website link.
3.8 The Company reserves the absolute right at its sole discretion to terminate any Booking if any user or customer uses the Company's website unlawfully or in contravention of these Terms and conditions.
3.9 The Company cannot warrant that it's the website or any link is free from any computer virus or other malicious or impaired computer programs and the user enters the Company's website entirely at his/her own risk.
4.0 It is not possible for Ibiza Yoga Ltd to review the content of all of the websites to which this website links and Ibiza Yoga Ltd cannot be held liable for their content. Users of this website link to other websites at their own risk and use those websites according to the terms and conditions of use of those websites.
4.0 BOOKING AND RESERVATIONS
4.1 Reservations may be made by telephone, letter, via the website, or by e-mail to the appropriate communication address or telephone number of the Company as set out in Clause 1.6 above.
4.2 If the booking is in any way different to our Saturday to Saturday week (arriving early, leaving late, short stays, etc...) contacting the London office prior to booking is required. The prices of the "unusual" bookings differ to the prices of Saturday to Saturday week and must be adjusted by London office. If the Customer fails to do so, this will result in an additional surcharge of 10% of the original booking price. No refund is offered if the customer makes such reservation online (when full week booked and only short stay required).
Ibiza Yoga Ltd reserves the right to refuse to take bookings of short stays in high season.
4.3 The Company's website makes clear the charges incurred for the arriving before 2 pm on a Saturday and leaving after 10 am on the following Saturday. If guests have not paid in advance then payment will be due on early arrival or late departure.
4.4 Single room supplement at 75% on the top of the price is only available to guests staying full week Saturday to Saturday. Any single supplement on a shorter stays (4 nights minimum) will be charged at 100%.
4.5 You are responsible for inputting all your arrival and departure information correctly into your account with us. You are provided with a link to it when you make a reservation. To inform us of your exact arrival date and time. We do not input this information for you from emails, Olark or Telephone conversations.
4.6 The Company charges a 50% non-refundable deposit for any private yoga tuition (one-to-one or group class) booked with London Office or the manager/or yoga teacher at the retreat. The fee is payable at the time of booking confirmation.
5.0 CONFIRMATION AND CONTRACT
5.1 All Reservations will be confirmed by the Company 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 Booking Form and ensure that the particulars contained therein are correct.
5.3 Should the Booking Form contain any error or inaccuracy then the Customer must notify the Company immediately or in any event within 7 days of his receipt of the Booking Form by telephone or email in which event the Company at its absolute discretion may amend the Booking Form or cancel the Reservation at no cost to the Customer.
5.4 Should the Customer fail to notify the Company within the time specified in clause 5.3 then the Company will be entitled to charge an administration fee not exceeding £25 for any change to or cancellation of the Booking in addition to any cancellation fee applicable.
5.5 Upon expiry of the time permitted by clause 5.3 and provided that the Company has not received any notification to the contrary from the customer the Booking Form shall form a binding enforceable Contract between the Parties.
5.6 The Company will not be responsible for any loss or damage occasioned by the Customer failing to provide notification of an error or inaccuracy in the Booking 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.
5.7 The company will combine classes of 5 students or less into one class. When this is done the class is of mixed ability. The company does not contact you to tell you this as sometimes the decision to combine a class is made on the Saturday before the beginning of the week's course starting on a Sunday. There are no refunds available if a class is combined.
5.8 Ibiza Yoga reserves the right to change the scheduled yoga teacher at the last minute under any circumstances. Ibiza Yoga is not obliged to give the reason for changing a teacher.
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 Company a non- refundable deposit in the sum of £150 for each person named in the COD Form, namely in respect of him/herself and an additional £150 for each member of his group. £150 for Villa Palmas and £125 for Villa Roca and the Pagoda Garden.
6.3 The balance monies due in respect of the Booking Form shall be paid by the Customer to the Company not less than 6-8 weeks prior to the date of departure.
6.4 Payment may be made by cash at the Company'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 Company reserves the right to cancel the COD and retain the deposit
6.6 In the event of cancellation for whatever reason the Company 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 £125 Deposit for every week booked
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
Also if you decide last minute to finish your holiday earlier we do not offer a refund.
Deposits paid to the Company are non-refundable
6.6.5 All payments for early/late arrivals/departures are non-refundable. The Company can only deduct this amount from the next holiday booked with IY.
6.6.6 When you make payment to IY you are committing to pay as a group member of hiring the entire villa, whether Roca or Palmas or in the case of the Pagoda Garden a share of the Pagoda Garden, your share being the amount agreed at the time of agreeing to our terms and conditions. You are booking as a collective member of the group of your given week, regardless of how many other persons are within that group. If you are the only person booking then you effectively are the group. It is very rare that we have only one guest. You are not notified if you are the only guest.
7.0 TRAVEL ARRANGEMENTS
7.1 It is the Customer's sole responsibility to ensure that he/she and all members of the 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 Company 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.
7.5 IY may call your home (the number is given at the time of booking) to obtain your mobile number when it has not been given at the time of booking. IY reserves the right to divulge to the receiver of the call at your home/residence (be it a friend, relative, acquaintance or alike) the fact that you are holidaying with Ibiza Yoga Ltd in Benirras Ibiza.
8.0 AMENDMENT OR ALTERATIONS TO RESERVATIONS AND CONTRACTS
8.1 The Company 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 Company 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 Company’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.
8.3 An admin charge of £25.00 applies to any changes in bookings originally made. The price difference between the rooms/dates applies. All changes are subject to availability. No refunds on a downgrade are offered (if room originally was chosen is priced at the higher rate then the re-booked room). Date changes can be made no less than 28 days prior to the holiday start date and London office must be notified of this by email no later than 28 days before the start of the holiday. All changes are made at the company's discretion.
8.4 Any upgrades in accommodation, yoga, extra nights stay or other "extras" that require additional payments must be paid for by the Customer upon agreement with the management either by cash or credit card to the retreat manager or London Office. If the full payment is not received as requested, the Customer will be asked to leave the retreat.
8.5 If for any reason we give a refund and we put money back into European bank accounts there is a charge of £20 for doing so. Money can only be refunded to the original card payment was made on. If you want any form of a refund and it is not possible to refund to the card that was used for payment we charge £25 to make a bank transfer.
9.0 PROPERTY INSURANCE HEALTH AND SAFETY
9.1 Health and Safety
9.1.1 The Company 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 Company'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 Company 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 or his group.
9.1.5 The Company takes no responsibility for any insect bites whatsoever. It is the responsibility of the guest to ask for, mosquito nets and insecticide spray (where not already provided or available). Should a guest be bitten by any insect whatsoever it is the responsibility of the guest to seek medical treatment, purchase after bite ointment, or antihistamine and antibiotics on doctors orders. The company cannot protect guests 24/7 from the various insects that live in Ibiza. Bed bugs included, should the company be unfortunate enough to have them visit the properties. A visit to the doctor to tell you have been bitten by one of the many insects that are in Spain / Ibiza and to prescribe afterbite will cost in the region of €50.
9.1.7 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 organized by the Company. It is recommended that Customers seek doctor’s advice if practicing yoga for the first time, if pregnant or have injuries or illness.
9.1.8 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 Customer or any member of his group and the Company 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 organized by the Company without liability for any refund
9.1.9 The Company will not accept any liability for any injury to the Customer or his group in their use of the Company's facilities or participation in activities promoted or organized by the Company 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 risks. If you are booking for yourself and a friend it is your responsibility to inform your friend that they need to get their own holiday and medical insurance.
9.1.10 The Company is not responsible for the permanent supply of water to the properties in Benirras. From time to time the supply is interrupted and this can result in no water for several hours. We have a backup system and do our best to keep a small supply available.
9.1.11 The Company does not provide a 24/7 clean your plates, cups and other kitchen items and bathroom. We do provide a dishwasher in each villa. You are expected to clean up after yourself after breakfast, the one meal a day and drink making. Rinsing items and placing them in the dishwasher is acceptable. If the dishwasher is in mid-cycle then please be sure to empty it when it stops so that you can then put your dirty utensils inside it to start a new wash when the machine is full.
9.1.12 Specifically if you are pregnant, please first ask your doctor if they are in agreement for you to participate in yoga classes, point out that Ashtanga is one of the most dynamic and demanding forms of yoga. Once the doctor has agreed (if they do) then please email, phone, text, Olark, write us a letter to confirm the doctors advise. We shall, in turn, contact the teacher, teaching in the week that you are coming. If the teacher is insured and in agreement with accepting you into the class then and only then would we confirm that you can go ahead and book the holiday. You may come to the retreat pregnant without doing all of the above but do not expect to partake in the yoga, have a beach holiday instead. We take the welfare of your baby very seriously, therefore, implement this said procedure.
9.2 SECURITY AND VALUABLES
9.2.1 The Customer and each member of his group shall take proper care and use of the Company's accommodation equipment and facilities and shall reimburse the Company 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 the Company remove or attempt to remove from the Company's premises any property whatsoever belonging to the company. Company and the Customer shall be liable for and reimburse the Company for any loss arising as a result thereof.
9.2.3 The Company 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.
9.2.4 Damage to Villa Property. Ibiza Yoga Lt reserves the right to charge guests the cost of rectifying the damage, caused by the deliberate, negligent or reckless act of the guest to the retreat's property (all 4 villas and the pagoda garden) or structure. Should this damage come to light after the guest has departed, we reserve the right to make a charge to the guest's credit/debit card or send an invoice for the amount to the registered address. We will, however, make every effort to rectify any damage internally prior to the contracting specialist to make the repairs, and therefore will make every effort to keep any costs that the guest would incur to a minimum.
9.2.5 We reserve the right to charge guests the cost of replacing any items that are removed from the premises by them without consent. The charge will be the full replacement amount of the missing items, including any carriage charges.
10.1 In the event of a Customer having any reasonable proper complaint regarding an NDR, PIF, COD, accommodation, facility, activity or employee of the Company, then the Customer will not discuss them with any Third Party and shall notify the Company's Manager as soon as possible, providing any available supporting evidence in respect thereof, ensuring that the Manager accurately records the complaint in the Company's 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 / her, 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 Manager then the Customer may refer the matter in writing within 7 days of the initial complaint to a Director of the Company 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 practical this includes a verbal conclusion that is noted. If you leave the retreat / your holiday early we do not offer refunds.
To make 10.1.and 10.2 more reader-friendly. In a nutshell, our complaints procedure goes like this. If you are unhappy with something. Tell a representative or Ibiza Yoga Ltd and email us on firstname.lastname@example.org. Ask her when the problem/situation may be resolved. If you are not happy with his / her answer, information, input into the matter. Then call us UK number, 07976 718961 immediately, if for any reason there is no reply - leave a message. The idea is we 1st need to be aware of what the problem is as we can then act upon it. It is an unfortunate fact that most complaints are made AFTER a guests leave the retreat and often on review sites !! Please give us the opportunity to resolve any issue you have and it all starts with making the complaint. Emailing is a great way of getting the message across as it is recorded, dated and timed. We also have Olark live chat on our website a lot of the time and Whats App available 24/7. It may seem strange to email a complaint but in the event the manager is away from the retreat it is a quick solution as both Directors use iPhones and can be on to the problem within a short period of time, Please give us this chance to right any wrongs that may occur from time to time.
10.3 If you do not abide by our complaints procedure and then proceed to post detrimental information on websites for instance and including social networking sites or holiday review sites, Ibiza Yoga Ltd will consider seeking damages for slander.
10.4 If a meeting is offered to guests as a group or as individuals and the guest/s decision not to show up to that meeting to discuss solutions and a subsequent meeting time and date is arranged and the guests decide not to turn up to that either. Then the only form of complaint that will be addressed is a letter posted to our office address of 16 Camden Road London NW1 9DP. Expect an answer within two weeks of your letter arriving. Please record deliver the letter as proof of postage.
10.5 Should our services be interrupted for whatever reason the company Ibiza Yoga Ltd will consider payments to guests of monies as stated below:
The food not being served at all up to £2 a day or £10 for the week
The full breakfast cereals not being available up to £1 a day or £6 for the week
The yoga being canceled up to £5 a day or £30 for the week
No running cold water or hot water £1 a day.
For no internet £1 a day.
Not good internet connection. Zero / £None
No Electricity up to 50p a day once electricity has been non-existent for 24hours.
Problems with the sewage £1 a day.
10.6 INAPPROPRIATE BEHAVIOUR
It is the retreat’s policy to ask guests to leave should we feel they have acted in an inappropriate manner and being a general nuisance within the group is also deemed inappropriate.
Such behaviour will result in the guest being asked to leave with no refund.
We have a complaints procedure that should be followed whereby the management will hear each complaint on an individual basis, rather than a group complaint session.
In the interests of protecting guests, staff members and alike, the police may be called should it seem appropriate and an official complaint is filed against the guest behaving inappropriately.
Please note in 20 years IY has not asked a guest to leave however we do reserve the right.
11.0 FORCE MAJEURE
11.1 The Company shall not be liable for any failure in the performance of any of its obligations under any written Booking Form or the Terms and Conditions caused by any factor or factors beyond its control. This covers natural disasters or other 'Acts of God', forest wildfires, floods, war, terrorism or failure of third parties (such as suppliers and subcontractors) to perform their obligations to the contracting party. If a volcano erupts and the ash cloud prevents travel we do not reimburse you for the cost of your holiday with us or your travel. Please claim on your travel insurance for all of this.
12.0 RESPONSIBILITIES AND LIABILITIES
12.1 Local energy conservation measures and unseasonable weather conditions can result in disruption to the supply of electricity, and particular facilities such as swimming pools may not always be available as described and may be curtailed or withdrawn altogether (often for hygiene & safety reasons). Diesel heats our water, if we run out of diesel or there is a problem in the supply from the tank to the boiler this will result in no running hot water, we offer small compensation for this see 10.4.
13.0 LAW AND INTERPRETATION
13.1 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 an indication of the meaning of any clause or sub-clause to which they relate.
13.2 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 Booking Form and these Terms and Conditions all include all genders and the plural and the successors in title to the Parties.
13.3 References. References in this Contract to any clause sub-clause schedule or paragraph without further designation shall be construed as a reference to the clause sub-clause schedule or paragraph of this contract so numbered.
13.4 Severance. If any provision or part thereof of the written Booking 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 Booking 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.
13.5 Jurisdiction. English Law shall govern all Bookings Contracts and these Terms and Conditions and the Parties consent to the exclusive jurisdiction of the English courts in all matters regarding them.
14.1 Non-assignable. All Reservations, Booking 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, Booking Form, or Contract.
14.2 Survival of terms. No term shall survive expiry or termination of the Booking Form or Contract unless expressly provided.
14.3 Supersedes prior Terms and Conditions. These Terms and Conditions supersede any prior Terms and Conditions and any such prior agreements are canceled as at the revision date but without prejudice to any rights which have already accrued to either of the Parties.
14.4 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.
14.5 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.
14.6 Warranty. Each of the Parties and signatories to a Reservation, Booking Form or Contract warrants its power to enter into the Reservation, Booking Form or Contract and the information contained therein and has obtained all the necessary permits and approvals to do so.
14.7 Photographs and Promotional Material. All and any photographs and promotional material produced by the Company shall at all times remain the exclusive property legal and equitable ownership of the Company 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 Company.
14.8 No employer/employee relationship or partnership. Nothing contained in the Reservation, Booking Form or Contract shall be construed or have effect as constituting any relationship of employer and employee or partnership between the Company and Customer.
14.9 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.
14.10 Ibiza Yoga accepts no liability for loss, damage, injury or illness, which may or may not be received while at Ibiza Yoga, or traveling to or from Ibiza Yoga.
14.11 If you injure yourself in a class you do not get a refund for any future classes.
14.12 Ibiza Yoga suggests that no classes are undertaken within the first 12 weeks of pregnancy. Any classes undertaken while pregnant are to be consulted with the doctor and yoga teacher prior to reservation being made and are taken at one's own risk.
14.13 Our kitchen contains nuts, pieces of bread, gluten products. If you have coeliac disease and your intolerance is so high that you can not risk cross contamination from these foods. Then we suggest you bring your own food to the retreat and not eat the meals provided. We ask that you let us know prior to arrival that your level of risk from these foods is high. We are not responsible for your fellow-guests should they bring nuts and gluten into the kitchen at Villa Roca or The Casita, where you may be staying. You may consider finding another yoga retreat to Ibiza Yoga Ltd that specialises in the preparation of foods with coeliac sufferers in mind. We can not take responsibility for guests bringing nuts into the villas or Casita, if you have a nut allergy it is best not to attend our yoga retreats.
14.14 If there is a guest or guests behaving in an inappropriate manner, we ask that the other guests do not get involved in this. Make contact with the management and let the management or owners if they are on site. Let them deal with issues of inappropriate or odd behaviour. When the management is dealing with the problem we don't want other guests sticking their nose in the situation and giving their two pennies worth. Go to your room or take a walk. Historically any issues of this nature become even harder to deal with when you have a group of so-called experts spouting off as to how to deal with the problem. For those of you who English is not your first language please email email@example.com for an interpretation of this clause.
14.15 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 you, the guest and agreed with by IY in an email to you the guest. We reserve the right to refuse short stays in the top season.
14.16 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 a minimum of one hour round trip to deal with. The post office alone is a 15-minute drive away. Monies are to be paid before item is posted.
14.17 As a result of people around the island overusing electricity and water at the height of the season the island may suffer from these supplies being cut off for several hours. Ibiza Yoga cannot take responsibility for such occasions. We do apologise for any inconvenience.
14.19 We operate a rota system for keeping the kitchen clean and tidy from Sunday to Saturday inclusive. To ascertain who will be responsible on a day to day basis - during the welcome meeting we draw up a rota. If there are 6 people on the retreat then one person per. This includes bin emptying.
14.20 For the one meal a day that is provided. If a guest feels that they did not get enough of any one of the dishes or would have liked a second helping and there was not a second helping available, the onus is on the guest to make contact with us. By phone, text, email or in person. We have in our 2nd VIlla, Villa Nova, lots of food and we can make something up for you. Baked Beans on Toast. Egg and Chips. Something to fill your appetite. Please don't expect refunds at the end of your holiday if you feel there was not enough food. We need to be made aware of your personal food intake requirements.
14.21 Volunteer payments are non-refundable, we will offer a credit note for you to use as a guest at a future date.
14.22 Rainy Weather - When it rains yoga may be delayed to a later time, it may be a shorter class or it may not happen at all. The class will be held in either Roca or Novas living room.
All the meals are served within an hour after a yoga class (except for Sunday where applicable).
15.0 RUNNING YOUR OWN RETREAT
The deposit of 50% is payable upon reservation (within 24 hours) and the final payment is due to no less than 30 days before the retreat start date.
In case of cancellation the following refunds on deposit are given:
15.1 Cancellation 90 days and more before the start of the retreat - 80% of deposit back
15.2 Cancellation between 60-89 days before the start of the retreat - 50% of deposit back
15.3 Cancellation 30-59 days before the start of retreat - 25% of deposit back
15.4 Cancellation 29 days & less before the start of the retreat - no refund is given/loss of deposit
Terms last update 28.3.19
Last updated 28/09/20