Sunshine Sanctuary Retreat Terms and Conditions
Thank you for signing up for Sunshine Sanctuary Retreats and Workshops – please read the following important terms and conditions.
This contract sets out:
• your legal rights and responsibilities;
• my legal rights and responsibilities; and
• certain key information required by law.
The agreement below sets out the legal terms that will govern my relationship with you and apply to the services. This contract intends to bring clarity to our relationship, protect both parties and take care of the business side of things so that we focus on enjoying the Retreat.
In this contract
• ‘I’, ‘me’, or ‘my’ means Emma Tamplin T/A Sunshine Sanctuary.
• ‘You’ or ‘your’ means the person booking a place on a Sunshine Sanctuary retreat (‘the Retreat’).
If you would like to speak to me about any aspect of this contract, please get in contact by:
• email: emma@emmatamplin.com
BACKGROUND
Yoga and wellness retreats worldwide, this agreement sets out the terms and conditions that will apply to the services and the Retreats.
1 Introduction
1.1 If you book a Sunshine Sanctuary Retreat, you agree to be legally bound by this contract, including the details of the Retreat, set out on the webpage for the relevant Retreat at
www.sunshinesanctuary.co
1.2 You also agree to be legally bound by my website’s terms of use and privacy policy.
2 Information I give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain critical information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information clearly and understandably in this contract or the webpage for the Retreat.
I shall give you information on the following:
– the main characteristics of the Retreat
– who I am, where I am based and how you can contact me
– the total price of the Retreat
– the arrangements for payment
– how to exercise your right to cancel the contract in the 14-day cooling-off period
– my complaint handling policy
3 Reserving your place on the Retreat
3.1 The legally binding contract between you and me is set out below:
3.2 You place an order on the site by clicking on the ‘book now button and filling in the booking form, or you may place an order with me by sending me an email.
3.2.1 When you place your order at the end of the online checkout process by clicking on the
payment button, or you send me an email; I shall acknowledge it by an automated email.
This acknowledgement does not, however, mean that your order has been accepted.
3.2.2 When you decide to reserve your place on the Retreat, this is when you make a contractual
offer to me.3.2.3 I may contact you to say that I cannot offer you a place, for example, if I do not think the Retreat is suitable for you or there has been a mistake in the pricing or description of the Retreat.
3.2.4 I shall only accept your request for a place when I confirm this by sending you a
confirmation email. At this point:
(a) a legally binding contract will be in place between you and me, and
(b) I shall reserve you a place on the Retreat.
4 The Retreat
4.1 You have protection under consumer rights legislation, including that I must use reasonable care and skill when providing the Retreat.
4.2 The Retreat will correspond in all material ways with its description on the relevant webpage.
4.3 I shall use third parties in connection with the Retreat. For example, carefully chosen third parties may provide accommodation, meals and some guest talks and activities. You acknowledge that I ordinarily contract with these third parties on their standard business terms, which may only partially be consistent with this agreement. If any delay or failure by a third party correctly to provide subcontracted services causes a delay or failure in my performance of this agreement, it is agreed that:
4.3.1 I shall use all reasonable endeavours to apply for your benefit all rights or remedies available
from the relevant third party; and
4.3.2 except to the extent the delay or failure is caused by a failure to use my best care and skill in
the management or selection of a third party, I shall not be in breach of this agreement and
shall have no liability to you arising from any such delay or failure.
4.4 My ability to provide the Retreats might be affected by events beyond my control. If so, there might be a delay before I return to business. I shall make all reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances, and I shall try to restart the services as soon as those events have been fixed. Examples of events beyond my control include internet failure or other IT problems, issues at third-party venues or if crucial staff are ill.
5 Your responsibilities
5.1 You will pay the price for the Retreat following the Retreat description on the relevant webpage.
5.2 You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I request to make the Retreat relevant and valuable for you.
5.3 Attendance at the Retreat is not therapy or counselling. You acknowledge that deciding how to handle any issues that may arise, the choices you make about them, and following through on any agreed action is your responsibility. For this reason, although I fully expect great things to happen at the Retreat, I cannot guarantee any specific outcomes or that all attendees will achieve the same results.
5.4 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement, you confirm that you have consulted with this person regarding the advisability of attending the Retreat and that this person is aware of and supports your decision to attend.
5.5 At the Retreat, you will be offered variations of yoga positions according to your fitness level and physical capability. It is your responsibility to listen to your body and ensure your practice remains within your physical ability. Yoga is not competitive, and listening to your body and the extent to which it is available for the various poses is essential. I cannot accept any responsibility for any damage or loss you may suffer due to your pushing your body beyond its limits.
6 Fees and payment
6.1 The price for each Retreat is set out on the webpage for that Retreat.
6.2 Payment is via direct bank transfer or any other method described on the webpage for the Retreat or as agreed between us.
6.3 A non-refundable deposit of £100 is payable when you book the Retreat. The final payment is due ten weeks before the Retreat.
6.4 All payments must be paid on the due date to ensure you stay on the trip.
7 Refund and cancellation policy
7.1 The fees are non-refundable except for the following:
7.1.1 where I cancel a Retreat, you are entitled to a refund for any payments you have made in
advance; and
7.1.2 if you book your place more than 14 weeks before the start of the Retreat, you have a 14
day ‘cooling off period as described below.
As I am a small business and I have to uphold my commitments to my suppliers, unfortunately
I cannot make exceptions to this no-refund policy, not even for personal emergencies.
For this reason, I strongly advise you to take out travel insurance to protect yourself against illness,
crises and changes in your circumstances.
7.2 In the event you are unable to attend the Retreat:
7.2.1 you may transfer your Retreat place to a friend, subject to my prior approval of your
replacement; or
7.2.2 you can choose to offer your place as a special bursary to a suitable woman I selected in need of this Retreat.
7.3 There is no refund for leaving the Retreat early or arriving after the scheduled start time. There is no partial reimbursement if you opt out of any part of the programme.
8 Cooling off period
8.1 If you book your place more than 14 weeks before the start of the Retreat, you may cancel this contract within 14 days without giving any reason.
8.2 The cancellation period will expire 14 days after the contract date.
8.3 If you book the Retreat within 14 weeks of its start date, you will not have a right to cancel.
9 Effects of cancellation in the cooling off period
9.1 If you cancel this contract following the cooling off period in clause 8.1, I shall reimburse you all payments received and make the reimbursement promptly and using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise.
10 Intellectual property
If I provide you with any digital or printed materials, any intellectual property in those
materials belongs to me unless I agree. Otherwise, you can only use those materials for personal use and may not share them with third parties.
11 Photograph release
I may photograph and video group activities for use in future marketing materials, and by entering into this contract with me, you now give me your consent to use your image for this purpose.
12 How I may use your personal information
12.1 I shall use the personal information you give to me to:
12.1.1 provide the Retreat and keep you informed about it;
12.1.2 process your payment for the Retreat; and
12.1.3 inform you about any similar products and services that I provide, though you may stop
receiving this information at any time by contacting me.
12.2 All information shared by you will be kept strictly confidential, except when releasing such
notification is required by law.
12.3 I shall not give any third party your personal information unless you agree.
13 Resolving problems
13.1 In the unlikely event of a problem with the Retreat, please get in touch with me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
13.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights). You may also have other rights in law.
14 End of the contract
14.1 Subject to 14.2, this contract will terminate at the end of the Retreat.
14.2 Either you or I may terminate the contract immediately if:
14.2.1 The other party commits the material breach of terms of this contract, and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
14.2.2 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
14.3 If this contract is ended, it will not affect my right to receive any money which you owe to me under this contract.
15 Limit on my responsibility to you
15.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
15.1.1 losses that:
(a) were not foreseeable to you and me when the contract was formed; and
(b) any breach of these terms on my part did not cause that
15.1.2 business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
15.2 My total liability to you is limited to the number of fees paid by you for the Retreat.
16 Disputes
16.1 I will resolve any disputes with you quickly and efficiently.
16.2 If we cannot resolve a dispute using my internal complaint handling procedure and neither of us wants
to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction about this contract.
16.3 The laws of England and Wales will apply to this contract.
17 Third-party rights
17.1 No one other than a party to this contract has any right to enforce any of its terms.
