Your contract is with Yoga with Daniella of 34 Main Road, Sheffield, S21 3UT. Your contract incorporates these Terms and Conditions and by making a booking with us you confirm your acceptance of these Terms and Conditions.
It is important that you read the following Booking Conditions carefully as they are the basis of your contract with Yoga with Daniella.
Please also see the Covid protocols we have put in place and the health and safety measure you can expect on our yoga retreats or events.
Definitions
(a) References within the Booking Conditions to “Arrival Date” means the date the services we have agreed to provide commence.
(b) The references to “you” and “your” means the persons named in the booking (including any person or persons added or substituted subsequently).
(c) “We” “Us” and “Our” means Yoga with Daniella.
(d) References to “arrangements”, “travel arrangements” or “holiday” mean the services we have agreed to provide to or provide you with under your booking with us.
1 Your Retreat Contract
1.1 When you make your booking, you agree that you have authority to accept and do accept on behalf of the party named in your booking, the terms of these Booking Conditions. The person making the booking (“the Party Leader”) must be at least 18 years of age and authorised to do so by all persons named in the booking and the parent or guardian of all party members under the age of 18 years, when the booking is made. The party leader on behalf of themselves and each member of the party consents to the use of information in accordance with our privacy policy.
1.2 The Party Leader is responsible for making all payments due to us and under the booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.
1.3 A contract will exist as soon as a Booking Confirmation Receipt has been issued to the Party Leader. The contract is made in the terms of these Booking Conditions, which are governed by English law and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so if you are resident in Scotland or Northern Ireland.
1.4 Once you have received your Booking Confirmation Receipt, please check this carefully. If any of the information contained within the Booking Confirmation Receipt is incorrect or incomplete, please notify us immediately in writing, as it may not be possible to make later changes to it. We cannot accept any liability if we are not notified of any inaccuracies within 7 days of issue of the Booking Confirmation Receipt to you.
1.5 We reserve the right to refuse to accept bookings in our absolute discretion without stating the reason for doing so.
1.6 You will be asked to complete a Participant Form prior to the start of the yoga retreat or event. Unless we have a completed Participant Form from you prior to the Arrival Date, you will not be allowed to participate in the yoga retreat or event nor in any of the yoga classes, in which event we shall retain any amount paid and not be liable for any losses or compensation arising.
2 Special Requests
If you have a special request, please advise us at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. Confirmation that a request has been made will be included on your Booking Confirmation Receipt or upon the acknowledgment of booking. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking.
3 Prices
3.1 We reserve the right to alter the prices of any of the events or retreats shown on our website. You will be advised of the current price of the event or retreat you wish to book before your contract is confirmed.
3.2 Full payment price of your travel arrangements is due when you make your booking. Where there is an option to pay a deposit upon booking and the full payment later, the entire remaining balance must be paid by the date stated upon booking. This date will also be stated in the Booking Confirmation Receipt. If the deposit and/or the balance is not paid in time, we shall cancel your booking. If the balance is not paid in time, we shall retain the deposit as well as cancelling your booking. If you are booking a retreat or event 60 days or less before the Arrival Date, the full cost is payable at the time of booking.
3.3 Unless stated otherwise, the price of your booking includes each and all of the component parts described within your Booking Confirmation Receipt.
3.4 Not included in the price of your booking is tipping any additional food or drink or additional excursions or activities which are not confirmed as being part of your arrangements.
3.5 Changes in the cost of the following mean that the price of your booking may change after you have booked. However, there will be no change within 20 days of your arrival date.
• The price of transportation (if relevant) resulting from the cost of fuel or other power sources;
• The level of taxes or fees applicable to the travel arrangement imposed by third parties not directly involved in the performance of your travel arrangement, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports; or
• The price of the accommodation or other resources/services resulting from unexpected circumstances not anticipated by the supplier in advance.
3.6 You may be charged for the amount of any increase in accordance with this clause plus the administration charge of £25.00 per person. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed booking (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements) you will have the option of (i) accepting the price increase and pay the requested amount (ii) accepting a change to another trip if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or (iii) cancelling your travel arrangement and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements which do not form part of your package. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days of the issue date printed on your final invoice.
3.7 Should the price of your booking go down due to the changes mentioned above, then any refund due will be paid to you. However, please note that travel arrangements that are purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
4 If You Change Your Booking
4.1 If, after we have issued a Booking Confirmation Receipt to you, you wish to change your booking, we will do our best to make these changes, although it may not always be possible to do so. Your request to change your booking must be made in writing by the Party Leader. You will be asked to pay an administration charge of £25 and any further costs we may incur in making this alteration. When changing your booking, the price will be based on the price applied on the date you make the change. The price may not be the same as when you first made your booking.
4.2 If you or any member of your party is prevented from attending, that person may transfer their place to someone else subject to the following conditions:
a) That person is introduced by you and satisfies each and all of the conditions applicable to the booking;
b) We are notified in writing of the request for transfer not later than 7 days before departure;
c) You pay the outstanding balance payment, and the amendment fee of £25 per person transferring, as well as any additional fees, charges and other costs arising from the transfer;
d) The transferee agrees to these booking conditions, and all of the terms of the Contract between us.
4.3 You and the transferee will remain jointly and severally liable for the payment of all sums. If you are unable to find a replacement, the cancellation charges set out in clause 5 will apply in order to cover our estimated costs. Otherwise, no refunds will be given to passengers not travelling or for any unused service.
4.4 Any discount you received when you made your original booking may be altered or reduced when changes are made if this discount had subsequently been altered, reduced or withdrawn.
4.5 If you have paid accommodation supplements and the number of people in your accommodation changes you may have to pay extra.
4.6 If you have taken out insurance with a third party insurer, it may not be possible to change or cancel this and as such, any premium cannot be refunded by Yoga with Daniella.
5 If You Cancel Your Booking
If you, or any member of your party, cancel your booking at any time, written notification from the person who made the booking must be received by us by email at info@yogawithdaniella.co.uk. Since we incur costs in cancelling your booking, the following cancellation charges will be payable by you. The cancellation charge is a percentage calculated on the basis of the total costs payable by the person cancelling not refundable in the event of cancellation.
If you cancel the yoga retreat or event:
- 61 days or more prior to your Arrival Date: all payments will be refunded, minus the deposit.
- Between 60 days and 31 days prior to your Arrival Date: 50% of all payments minus the deposit will be refunded.
- Between 30 days and your Arrival Date: 100% of the payments will be forfeited.
Refund payments are subject to a £25 administration charge.
5.1 You have the right to cancel your booking before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your specific destination or its immediate vicinity and which significantly affects the performance of the booking. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. For what constitutes an event which may give rise to your right to cancel, we will have regard to the advice of competition and markets authority (gov.uk).
5.2 For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such floods, earthquakes or weather conditions.
6 If We Change or Cancel Your Booking
6.1 Once your booking has been confirmed, we will make every effort to provide you with the booked travel arrangement. Occasionally, it may be necessary to amend or cancel whole or part of your booking.
We will notify you of any alteration or cancellation as soon as we reasonably can.
6.2 Independent travel arrangements that you may arrange separately do not form part of our contract with you. Should we need to make changes to your booking, we will not be liable for any amendment or any cancellation charges incurred by you in respect of any such independent travel arrangements.
6.3 If, before the start of your trip, we are constrained by circumstances beyond our control to significantly alter any of the main characteristics to your arrangement, we will offer you the choice of either (a) accepting the changed arrangements (b) accepting an offer for an alternative arrangement with comparable facilities from us, if available (we will refund you any price difference if the alternative is of a lower value) or (c) cancel your booking completely in which case we will refund you all monies paid by you. Please note that the above options are not available where any change made is a minor one. A significant change may include change of accommodation to that of a lower category and/or price. These options do not apply to any minor changes we may make, which may include, but are not limited to, change of accommodation for another of the same or a higher standard, change of yoga teacher, or change in the schedule and number of yoga classes during the retreat.
6.4 If we make a significant change or cancel less than 14 weeks before departure (other than reason of non-payment of travel arrangements by you, events beyond our control or minimum group size numbers not being reached), we will also pay you compensation as detailed below:
Period of Notice We Give to You Before Departure / Compensation to Each Full Fare Passenger:
98+ Days / £0
98-43 Days / £10
42-29 Days / £20
28-15 Days / £30
14-0 Days / £40
You are required to advise us within 7 days of being notified of a significant change whether you wish to: (a) accept a proposed change or (b) cancel your booking and receive a refund.
If you have not notified us within 7 days, we will write to you again to obtain confirmation of your choice of the options above.
If you fail to respond within a further 7 days, we will cancel your booking and refund all payments made by or on behalf of you.
6.5 Please note that compensation referred to at 6.4 above and the options referred to at 6.3 above do not apply to any minor changes made by us.
7 Events Beyond Our Control
7.1 Please note that compensation referred to at 6.4 above (specifically the “Compensation to Each Full Fare Passenger”) will not be payable and we will accept no liability beyond offering you the options above where:
(a) we are constrained to make a significant change or cancel your booking as a result of unusual and unforeseeable circumstances beyond our control. These circumstances will usually include but are not limited to, war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disaster, fire, epidemics, health risks and pandemics and unavoidable and unforeseeable technical problems with transport reasons beyond our control or that of our suppliers, hurricanes and other actual or potential severe weather conditions, and any other similar events; or
(b) we are constrained to cancel your booking because the minimum numbers of booking required have not been reached and we have notified you within the time periods specified at section (9) of these booking conditions; or
(c) we cancel as a result of your failure to comply with any of the requirements of these booking conditions entitling us to cancel; or
(d) we make a significant change or cancel your arrangements more than 14 weeks before departure; or
(e) where the change or cancellation by us arises out of alterations to the confirmed booking request by you.
8 Post Departure Changes
8.1 If we are unable to provide a significant proportion of the booking that you have booked with us after your departure, we will, where possible, make alternative arrangements for you at no extra charge and if appropriate in all the circumstances we will pay you reasonable compensation.
8.2 A change of accommodation to an equivalent or higher standard is also not regarded as significant nor are alterations to your itinerary which do not materially affect your trip.
9 Minimum Numbers
Some of the event and retreats shown on our website can only be operated if there is sufficient demand for the same and a sufficient number of people book these events/retreats. If there is insufficient demand on subsequent confirmed bookings, we have the right to cancel the booking in question. If we have to do so, we will notify you as soon as possible. In this situation, you will then have the choice of accepting an alternative event/retreat of equivalent or closely similar standard. The cost of any alternative arrangement offer will be our selling price at the time of change. If the alternative is cheaper, we will refund you the difference. If the alternative is more expensive, you have the option to pay the difference. If you do not wish to take the alternative we offer you, you can choose to cancel your booking and receive a full refund of any monies you have paid to us. When we cancel for lack of numbers in accordance with this paragraph, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable. In the unlikely event that we do need to cancel your booking for the reason of lack of numbers, we will not do so less than 20 days before your arrival date if the trip is for more than 6 days. In the case of trips lasting between 2 and 6 days, we will not cancel the package less than 7 days before the start of the package. In the case of trips lasting less than 2 days, we will give you at least 48 hours notice of any cancellation.
10 Our Liability to You
10.1 We agree to perform and provide the travel arrangements which make up your booking with reasonable skill and care. If the contract you have with us is not performed or is improperly performed by us or any of our suppliers, we will pay you appropriate compensation if this has affected your enjoyment of your booking. We will not be liable for any failure in the performance of the contract with you if this is due to:
a) The fault of yourself and/or another member of your party;
b) A third party unconnected with the provision of the booking and where failure is unforeseeable or unavoidable;
c) Unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care and been exercised;
d) An event which neither we nor our suppliers, even with all due care, could have foreseen or forestalled.
10.2 Our liability to you and any member of your party, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your booking. Our liability will also be limited in accordance with and/or in an identical manner to the contractual terms of the suppliers we use in the provision of your booking form part of your contract with us.
10.3 We will not accept responsibility for any services which do not form part of your contract with us. These may include any excursion purchased during the course of your holiday and any additional services or facilities which we have not agreed to arrange or provide as part of our contract with you.
10.4 You must inform us, without undue delay, taking into account the circumstances of the case, of any lack of conformity which you perceive during the performance of a booking included in your contract.
10.5 If we are found liable for loss and/or damage to your luggage or personal possessions (including money) our maximum liability to you is limited to £1,000 per person unless a lower limitation applies under this contract.
11 Assistance by Us During the Course of Your Booking
11.1 If your contract with us is not performed or is improperly performed by us as a result of a failing attributable to a third party unconnected with the provision of the booking, or as a result of failures due to unusual or unforeseeable circumstances beyond our control the consequence of which could not have been avoided even with all due care, or as a result of an event which we or our suppliers, even with all due care, could not have foreseen or forestalled, and you suffer injury or other material loss, we will offer to provide you with prompt assistance as is reasonable in the circumstances. If you or any member of your party suffers during the course of your booking any difficulty as a result of any activity which does not form part of your contracted booking, we will offer you prompt assistance without undue delay. Such assistance may include assisting you in making communications and helping you to find alternative arrangements. If the difficulty is caused intentionally by you or as a result of your negligence, we may charge a reasonable fee for that assistance which will not exceed the actual cost incurred by us. All assistance (financial or otherwise) is subject to our reasonable discretion and subject to you notifying us promptly of your need. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you recover any costs and expenses relating to the incident from a third party you must repay us the costs and expenses we have incurred in assisting you.
11.2 If the yoga teacher, as a result of an injury, illness, or personal emergency, cannot attend the event/retreat and has to cancel his/her participation in the event/retreat (including up to the Arrival Date), or has to leave the event/retreat early, or cannot teach one or more of the classes during the event/retreat, we will do everything possible to find a replacement teacher. If we cancel any yoga classes during the event/retreat as a result of this, we will not be liable to refund any yoga classes to participants, however we will do our best to make up for these classes during the course of the event/retreat. We reserve the right to change the scheduled yoga teacher at the last minute under any circumstances, and we are not obliged to give the reason for changing a teacher. We reserve the right to change the times and schedule of the yoga classes during the course of the event/retreat. We also reserve the right to change the location of the yoga classes on site. Whenever possible you will be advised in advance of any changes. No refunds will be given due to a change of teacher, changes to our schedule, or to the location of the yoga classes.
11.3 If the yoga retreat organiser, as a result of an injury, illness, or personal emergency, cannot attend the event/retreat and has to cancel his/her attendance in the event/retreat (including up to the Arrival Date), or has to leave the event/retreat early, or has to leave for a period of time during the event/retreat, we will do everything possible to find a replacement organiser, or the yoga teacher will take on these duties. We will not be liable to refund any money as a result of this, however we will make sure that the event/retreat continues as planned.
12 Health Requirements and Fitness
12.1 You must provide us with full details of any existing medical condition or disability that may affect your booking (including, in particular, any accommodation requirements) at the time of your booking. If in our reasonable opinion your chosen booking is not suitable for your medical problem or disability, or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability, we can also cancel the booking when we find out full details if in our reasonable opinion the booking is not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel your booking as a result of this, we shall cancel your arrangements and retain any amount paid, and we shall not be liable for any losses or compensation arising.
12.2 Activities within our events/retreats may require a certain degree of physical fitness. It is your responsibility to ensure that you have the levels of fitness required for any activity you choose to participate in. If you are in any doubt, please consult your doctor before departure. We, and those retained by us to supervise any activities, retain the discretion at any time to decline to allow you to participate in any activity, if we reasonably believe that in the interests of your health, you should not do so. In such circumstances, we shall not be liable for any losses or compensation arising.
12.3 You must provide us with full details of any existing medical or physical problems, including pregnancy, physical and/or mental disability, unusual height or weight, that may apply to you or any member of your group and which are likely to affect your ability to take part in some or all of the activities forming part of the booking (including, in particular, any accommodation requirements or difficulties that may be encountered in accessing buildings) at the time of booking. Any classes undertaken while pregnant or under any existing medical or physical problems are to be consulted with your doctor, the yoga retreat organiser and yoga teacher prior to the booking being made, and are taken at one’s own risk. If, in our reasonable opinion at any point prior or during the event/retreat, any particular activities or arrangements are not suitable for the medical or physical problems or disability, or you are not travelling with someone who can provide all the assistance that may be required, or that person is not providing adequate assistance during the yoga event/retreat, we have the right to refuse to accept the booking or you may not be able to participate in certain activities, in which event we shall retain any amount paid and not be liable for any losses or compensation arising.
12.4 If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to any existing medical or physical problem or disability and/or any new medical or physical problem or disability that arises after booking, then we can also cancel the booking when we find out the full details if, in our reasonable opinion, the arrangements are not suitable in the circumstances. If we cancel your booking as a result of this, we shall retain any amount paid, and we shall not be liable for any losses or compensation arising.
12.5 You will be asked to complete a Participant Form prior to the start of the holiday. Unless we have a completed Participant Form from you prior to the Arrival Date, you will not be allowed to participate in the event/retreat nor in any of the yoga classes, in which event we shall retain any amount paid and not be liable for any losses or compensation arising.
13 Your Responsibilities and Behaviour on the Event/Retreat
13.1 As part of your booking with us, you are accepting liability for any loss or damage caused by you or any member of your party during the course of the event/retreat. Payment for any loss or damage must be made to us or to our supplier at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost of the loss or damage is not known at the time, we will reasonably estimate it, and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, and if it is less, the difference will be refunded to you. You will also be responsible for, and agree to indemnify us, in respect of any claim subsequently made against us and all costs incurred by us (including our own and any other party’s full legal costs) arising from your actions.
13.2 You are also responsible for the behaviour of yourself and other members of your party. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your booking if yours or their behaviour is or is likely to be, in our reasonable opinion or in the reasonable opinion of our suppliers, disruptive, upsetting or dangerous to yourself or anyone else, or if you or any member of your party have caused or are likely to cause damage to property. In these circumstances, we will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your booking due to such unacceptable behaviour. In this situation, we will have no further responsibility for you or any other member of your party (including any return travel arrangements). If your behaviour is unacceptable, we will treat your booking as cancelled from that moment and will ask you to leave the yoga group and the premises. If we cancel your booking as a result of this, we shall retain any amount paid, and we shall not be liable for any losses or compensation arising.
14 Excursions and Activities and Resort Information
Excursions, tours or other activities that you book or pay for whilst you are attending the event/retreat do not form part of the booking provided by us. Your contract will be with the operator or provider of that excursion, tour or activity and not with us. We may assist the group with information about the excursion on site, but we are not responsible for the provision of the excursion, tour or activity nor anything that may happen during the course of its provision by the operator or taxi service. We do not accept any liability in relation to any such excursion, tour or activity and these Booking Conditions do not apply to them.
15 Local Health & Safety Standards
You should be aware that it is the standards and health and safety requirements of the country in which the services are rendered that apply, and not those of the country you come from. These standards may be different to those of the country you come from and may sometimes be lower.
16 Our Website, Brochure and Advertising
The information contained in our website, brochure and advertising material is our responsibility and to the best of our knowledge and belief it is correct at the time of publication. Occasionally errors may occur and information may change and you must therefore check all the details of your booking at the time of booking.
17 If You Have a Complaint
In the unlikely event that you have cause to complain during the course of your event/retreat with us, you must bring it to our attention immediately. If your complaint is not resolved, then you must repeat your complaint in writing within 28 days of the end of your booking with us by emailing us at info@yogawithdaniella.co.uk. You must provide any booking reference and all other relevant information to enable us to fully investigate your complaint. Any complaints which do not involve death, personal injury or illness and which are not made in accordance with this procedure we are unable to accept liability. In accordance with the Alternative Dispute Resolutions for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (“The ADR Directive”) we advise that Yoga with Daniella does not utilize the services of an approved Dispute Resolution Service for the purposes of complaints.
18 Data Protection
In order to process your booking and to make sure that your booking runs smoothly, we need to pass the information which you provide on to relevant suppliers such as transfer companies, hotels etc. However, we will not pass your information on to any person who is not responsible for part of your travel arrangements.
We will collect the name and telephone number of an emergency contact for you prior to every yoga event/retreat. We will use this information and contact this person only for emergency reasons. We may disclose this person’s name and telephone number to third parties such as hotels, our yoga teachers, or medical professionals (who may be located outside the United Kingdom/EEA) if needed in an emergency. By giving us this information, you consent to this disclosure. We may collect your contact details via the Booking form and Participant form on our website, as well as from enquiry emails sent to us directly and Newsletter sign-up requests. By giving us your contact details, you agree that from time to time, we may contact you with information about special offers or future yoga retreat packages. If you do not wish to receive such information, please notify us.
We may use images and videos taken during the yoga event/retreat where you may appear, for example in a group yoga class or group photo, for promotional materials on our website, on social media and from time to time on third-party online directory sites. We will not share your contact information with any third-party agencies for marketing solicitation purposes. If we cannot pass your information on to relevant suppliers, such as the hotels where we host our yoga events/retreats, we cannot provide your booking, therefore in making this booking, you consent to your information being passed on to them. You are entitled to a copy of your information held by us and if you would like to see this, please ask us. It may be necessary to make an administration charge for providing this to you. Please refer to our privacy policy which forms part of these booking conditions.