Booking terms and conditions for Ultimate Thrive, Marbella.
Sunday 22nd to Thursday 27th September 2019
YOUR CONTRACT is with SYSTEMYZED Ltd (Company Registration Number 09309503) which owns and operates Ultimate Thrive. SYSTEMYZED has its registered office at Amelia House, Crescent Road, Worthing, West Sussex, Crescent Road, Worthing, United Kingdom, BN11 1QR
- All the retreats advertised or promoted by us are sold subject to the following conditions.
2. BOOKING PROCEDURE
(a) On making a booking with us, each person travelling must accept the terms of these Booking Conditions and pay a minimum non-refundable instalment of £399.99 or 50% (whichever is greater) of the total cost of the retreat per person. The balance of the price must be paid at least 3 weeks before your departure date unless otherwise agreed with SYSTEMYZED in writing. For bookings made within 3 weeks of departure, the full payment becomes due immediately unless instalments have been agreed. Any cancellation of a confirmed booking or late or non-payment of the balance will carry cancellation charges as set out at clause 5 below. (b) Your booking is considered definite and a contract will exist between you and SYSTEMYZED only when the deposit has been received (or, in the case of bookings made less than 10 weeks prior to departure, when full payment is required at time of booking) and a confirmation invoice is sent to you. No contract will exist between us prior to our issuing the confirmation invoice. If the balance of the price of your retreat is not paid in time, we reserve the right to cancel your retreat, retain your deposit and apply the Cancellation Charge set out in Paragraph 4. (c) We reserve the right to increase the prices published prior to the time that you book your retreat. Any increase in price will be advised to you before you book the retreat.
- RETREAT PRICES
Our retreat prices include accommodation, all advertised meals and drinks (where detailed as included), group workshops and seminars, personal coaching sessions, digital consultations and any excursions advertised; unless stated differently in your booking confirmation letter. Our prices exclude flights, airport transfers, travel insurance, laundry, tips and alcoholic drinks (other than those specified as included). Also excluded are any trips or excursions arranged by yourself whilst on retreat.
- CANCELLATION BY YOU
You (or any member of your party) may cancel your retreat at any time providing that the cancellation is made by the person who made the booking and is communicated to us in writing. Cancellation will take effect the day such notification is received by us. If you fail to pay your deposit or balance by the due date then your retreat will be automatically cancelled and the following charges will apply. As cancellation incurs administrative costs, we will retain your deposit and, in addition, may apply cancellation charges up to the maximum shown below: Days Before Departure Cancellation Charge 70 days or more first instalment only or 50% of the cost of booking (whichever Is greater) 30-70 days 75% of retreat cost Less than 30 days 100% of retreat cost Once your retreat has commenced, no refund or part refund or unused portion of your retreat will be repaid in the event of cancellation by you. If the reason for cancellation is covered under the terms of an Insurance Policy, you may be able to reclaim these charges. Under no circumstances will we be able to refund the cost of your flights. Note: If the reason for your cancellation is covered under the terms of your insurance policy you may be able to reclaim these charges.
- INSURANCE & HEALTH
WE STRONGLY RECOMMEND THAT YOU HAVE FULL TRAVEL INSURANCE TO COVER THE ACTIVITIES ON YOUR RETREAT. You need to have your own travel insurance and we would ideally like you to provide us with those details in case of emergency.
- AMENDMENTS BY YOU
If, after your deposit payment has been credited to our account, you wish to change any part of your retreat arrangements, or wish to change departure date, we will do our utmost to make the changes, provided that notification is received in writing at our offices from the person who made the booking, at least 10 weeks before departure. There is also an amendment fee payable of £150 per person, and any further cost we incur in making this alteration. We are not able to offer any refund if your airline tickets are not able to be changed.
- AMENDMENTS BY US
It is unlikely that we will have to make any changes to your retreat, but we do plan the arrangements many months in advance. Occasionally, changes may have to be made (e.g., to itineraries, venue accommodation, chefs, personal coaches, keynotes speakers or other SYSTEMYZED representative or other arrangements), which we reserve the right to do at any time. Changes are normally minor and we will advise you at the earliest possible date. If your accommodation has to be changed, we will do our utmost to provide accommodation of a similar rating. If a significant change becomes necessary before departure, we will inform you as soon as reasonably possible if there is time before your departure to do so. Should a significant change occur before your departure, then provided that it does not arise through circumstances amounting to force majeure (see below), you will have the choice of either accepting the change of arrangements, booking another retreat with us, or cancelling your retreat and receiving a full refund. If you choose another retreat that is more expensive you must pay any difference, but it if is cheaper we will make the appropriate refund. Important Notes (a) Refunds will not be paid if SYSTEMYZED are forced to cancel or in any way change your retreat due to unusual or unforeseeable circumstances beyond our control such as war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, epidemics and pandemics, fire, adverse weather conditions (including snow and volcanic ash), technical or maintenance problems with transport, or other circumstances which amount to force majeure.
- CANCELLATION BY US
SYSTEMYZED reserves the right in any circumstances to cancel your retreat, in which case we will offer a refund in full all monies paid. If we cancel your retreat we will pay you compensation as set out in clause 8 above.
- FLIGHTS AND FINANCIAL PROTECTION
You are responsible for booking your own flights and transfers. There will be no refunds made to you by us for flights you choose to cancel or not to travel on. Your ticket is likely to be non exchangeable and non refundable, and if you do not arrive at the airport in sufficient time before departures, your ticket will be invalid and you will be required to purchase another ticket. When you travel with an airline, the conditions of carriage of that carrier apply, some of which may limit liability. Your airline will be responsible for your tickets and any delay, denied boarding or any cancelled flight. Airlines liability is limited by international convention for claims for injury, delay and for lost, missing or damaged baggage. It is your responsibility to liaise with the airline in connection with any claim you may have (see below)
10. AIRPORT TRANSFERS
You are bound to communicate your logistics to our travel co-ordinators via by email. If we have helped to organise your transfer, please note the driver is responsible for your safety and well-being for the duration of the transfer journey. On arrival at your destination, you will be asked to compensate the driver directly.
- OUR LIABILITY TO YOU
(a) We accept responsibility for ensuring that the retreats that you book with us are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness (see below). However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable or unusual and beyond our control. Our liability will also be limited to a maximum of twice the price paid for the retreat (other than in cases of death or injury). (b) We do not accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, together with our suppliers and sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of their employment in the provision of your retreat. We will, accordingly, pay to our client such damages as might have been awarded in such circumstances under English law. (c) Optional trips booked locally are not our responsibility. (d)We are not liable for loss of, or damage to, your personal property. However please note the following:- There are risks inherent with any activity retreat and with physical exercise. We strongly recommend that you consult your doctor before travel to advise on your ability to undertake strenuous exercise. You should make them and us aware of any medical condition which may affect your ability and comfort when undergoing vigorous exercise. Under European Regulation 261/2004 your airline is responsible to look after you in the event of any extended delay and to compensate you in the event of denied boarding or for a cancelled flight. Full details of your rights are published at all EU airports and any right to payment by the airline does not entitle you to a refund of the retreat. If your flight is severely disrupted due to weather or other unforeseeable reasons we will assist you as far as possible in contacting your airline, and in seeking their assistance to provide support and assistance whilst awaiting a delayed flight. It is your responsibility to be aware of the airlines position during any extended delay by communicating directly with the airline concerned.
If you have a problem during your retreat, please inform a member of our team immediately, who will endeavour to put things right. If your complaint cannot be resolved locally, you must advise us in writing on your return within 28 days giving your booking reference number and other relevant information. If you do not follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on retreat and this may affect your rights in bringing a claim against us. Please note that we cannot guarantee the proportion of male/female in any group, not be responsible for the individual behaviour of any group member or other guest at your accommodation.
- PASSPORTS, VISAS AND HEALTH REQUIREMENTS
You are responsible for ensuring that you have a valid passport and any necessary visas and any necessary or required inoculations or other health requirements. We do not accept any responsibility if you cannot travel because you do not have the correct documents to travel.
All genders are welcome. The minimum age of any participant is 18 unless otherwise agreed in writing at our discretion. There is no maximum age.
- USE OF MOBILE PHONES AND WIFI DEVICES
Please be discreet when talking on your phone. Listening to music on headphones is permitted, but please use your discretion. Mobile phones and other WiFi devices should not be used during workshops or retreats unless posting photos and videos of the retreat.
- YOUR HEALTH
If you have a medical condition, serious or otherwise, you MUST inform SYSTEMYZED at the time of booking and provide a letter from your GP confirming that it is safe for you to attend an Ultimate Thrive retreat.
- GROUP BOOKINGS
Where a booking is made on behalf of several individuals the booking is conditional on the person signing the booking form having authorisation from all the individuals named on the booking form to enter into this contract. A deposit from every group member is required. If any member of the group can not come for any reason, their deposit is forfeit.
1. How we use your personal data We are committed to protecting your personal data. We will use your non-sensitive personal data to (i) register you as a new client, (ii) manage payment, (iii) manage orders (iv) to manage our relationship with you, (v) send you details of our goods and services. Our legal grounds for processing your data are in relation to points (i) to (iv) above are for performance of a contract with you and in relation to (v) above, necessary for our legitimate interests to develop our products/services and grow our business. We will not share your details with third parties for marketing purposes.
2. Disclosure of your personal data We may have to share your personal data with (i) service providers who provide IT and system administration support, (ii) professional advisors including lawyers, bankers, auditors and insurers (iii) HMRC and other regulatory authorities We require all of these third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. They are only allowed to process your personal data on our instructions.
3. We may also share your personal data with third party website agencies where this is necessary for us to carry out our obligations to you. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. In certain circumstances you can ask us to delete your data. See the section entitled ‘your rights’ below for more information. We may anonymise your personal data (so that you can no longer be identified from such data) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
4. Data security Protecting your data is important to us and we have put in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breaches and will notify you and any applicable regulator of a breach where we are legally required to do so. In certain circumstances you can ask us to delete your data. See the section entitled ‘your rights’ below for more information. We may anonymise your personal data (so that you can no longer be identified from such data) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
5. Data retention We will only keep your personal data for as long as is necessary to fulfil the purposes for which we collected it. We may retain your data to satisfy any legal, accounting, or reporting requirements. So, for example, we need to keep certain information about you for six years after you cease to be a client for tax purposes. You have the right to ask us to delete the personal data we hold about you in certain circumstances. See section 6 below.
6. Your rights You are able to exercise certain rights in relation to your personal data that we process. These are set out in more detail here In relation to a Subject Access Right request, you may request that we inform you of the data we hold about you and how we process it. We will not charge a fee for responding to this request unless your request is clearly unfounded, repetitive or excessive in which case we may charge a reasonable fee or decline to respond. We will, in most cases, reply within one month of the date of the request unless your request is complex or you have made a large number of requests in which case we will notify you of any delay and will in any event reply within three months.
7. Keeping your data up to date We have a duty to keep your personal data up to date and accurate so from time to time we will contact you to ask you to confirm that your personal data is still accurate and up to date. If there are any changes to your personal data (such as a change of address) please let us know as soon as possible by signing in to your online customer account and updating the relevant section.
8. Complaints We are committed to protecting your personal data but if for some reason you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you. We may change this privacy notice from time to time and shall notify you of any changes.
- THE CONTRACT
This contract is made on the terms of these Booking Conditions, which are governed by English law and the exclusive jurisdiction of the English Courts. Website Terms By accessing this website you enter into a contract SYSTEMYZED Ltd (owners of the Ultimate Thrive brand) whereby your use of the website is subject to these terms and conditions. The information on this website has been prepared solely for the purpose of providing information about SYSTEMYZED Ltd, its brands, subsidiaries and associates. SYSTEMYZED Ltd will use reasonable care to ensure that the information is accurate at the time it is added to the website. However, SYSTEMYZED Company Ltd cannot guarantee that the information is accurate and it shall not be liable for any loss or damage that anyone may suffer in reliance on the information on this website. The information on this website is provided without any warranty or implied term of any kind, including but not limited to any implied warranties or implied terms of merchantability, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded. Any and all information is subject to change without notice. Publications are subject to availability and their provision is at the discretion of SYSTEMYZED Ltd. You agree that SYSTEMYZED Ltd will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this website or from access to other material on the Internet via weblinks from this site. Links within this website may lead to other websites. SYSTEMYZED Ltd assumes no responsibility for the contents of any other websites to which this website has links, as SYSTEMYZED Ltd may not have control over such websites. The inclusion of any links to such other websites does not mean that SYSTEMYZED Ltd sponsors, endorses or otherwise approves any information or material contained in those sites, or in sites linked to those sites, or has any association with the owner thereof. Any contract for goods or services entered into through such websites will be made with the owners or controllers of those websites and not with SYSTEMYZED Ltd. These pages are protected by copyright. No information in this website may be modified, copied, distributed, transmitted, displayed, reproduced, published, licensed, used to create derivative works from, transferred or sold in any form. Links to this website may not be included in any other website without the prior written permission of SYSTEMYZED Ltd. This website is for personal and non-commercial use. You may access and download the contents of these pages and store a copy on a temporary basis for the sole purpose of viewing those pages for your personal use. All other intellectual property rights, moral rights and equivalent rights wheresoever arising in the contents of this website are hereby asserted and reserved. SYSTEMYZED Ltd reserves the right without notice to: (1) terminate your access to this website at any time for whatever reason; and (2) assign the benefit of this contract to a third party at any time. The above exclusions and limitations apply only to the extent permitted by law. The validity, construction and performance of this contract shall be governed by English law.