Terms and Conditions

 
 

Body and Mind Reboot - Terms and Conditions

All participants must be aware of these terms and conditions and accept the risks associated with these activities.  All Clients are advised to seek medical advice from their GP before booking.

Personal Accident and Cancellation Insurance is recommended.

Our Full Terms and Conditions

BODY & MIND REBOOT LIMITED known from here on as BMR accepts bookings subject to the following conditions:

Your statutory rights are not affected by any of our Terms & Conditions.

1. Interpretation

1.1       In this document wherever the context so admits the following expression shall have the following meanings respectively:

‘Deposit’ shall mean 30% of the finalised agreed price.

‘Head office’ means Body and Mind Reboot Ltd., 8 Felsted, Caldecotte, Milton Keynes, MK7 8FE *change this to the accountant and also companies house*

‘BMR’ means Body and Mind Reboot Limited

‘Client’ means the person or persons listed on the booking form(s).

‘Major change’ means changing the dates/ location booked or majority of the course content over 80%.

‘Force Majeure’ means any situation or event beyond the control of BMR. This could be the Act of God, war, terrorist   activity, civil strife, strike, riot, industrial disaster, breach of contract by BMR suppliers, fire, adverse weather or road conditions, bureaucratic obstacles and changes in schedules or modes of transport by ferry companies, airlines and bus/ train operators.

‘Course Director’ means the member of staff responsible for the delivery of the agreed activity and/ or service.

1.2       Where the expression ‘Clients’ includes two or more persons the obligations expressed or implied relate directly to the individual.

1.3           Any reference to a statute shall include any statutory extension or modification or re-enactment of such statute and any other instrument plan, regulation permission or direction made or issued there under or delivered validity there-from.

1.4           Wording importing the singular meaning shall include the plural meaning and vise-versa. All wording within the booking conditions is generalised to the Client referring to the masculine, feminine and neuter genders.

1.5           The Clause and paragraph headings are for the convenience only and shall not effect the construction of this document.

1.6           The expressions used in the particulars shall have the same meanings when used hereafter in these booking conditions.

2               Acceptance

2.1           A contract for the activity and / or service is made between BMR and the Client on the issue of written confirmation of booking by BMR.

2.2           The Contract is subject to these booking conditions, which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between BMR and the Client.

2.3           No verbal representations made by BMR shall be relied upon by the Client.

3               Booking

3.1           To place a booking BMR require a completed Booking form & associated documents with deposit fee or fee paid in full. Clients booking by telephone or email will have been deemed to have read the booking conditions and to have signed the declaration on the ‘individual information form’. A booking is accepted and becomes binding only from the date when BMR has confirmed acceptance in writing by means of a ‘confirmation of booking email or letter’. BMR reserves the right to decline any booking at their discretion. Email and telephone bookings are treated as provisional and are only confirmed once funds have cleared in to the BMR bank account.

3.2           The balance of the fee is payable six weeks before commencement of the course, unless agreed otherwise on confirmation of booking. In the event that the balance is not paid BMR will have the discretion to treat the booking as cancelled by the client and re-sell the course place.  No refund shall be made.

3.3           The whole course fee is required to secure a place for any booking made within six weeks of the commencement of the course.

3.4           Bookings are not transferrable under any circumstances unless agreed in writing with BMR.

4               Price

4.1           The price at the time of booking covers the cost of the planning, organising and delivery of the proposed activity and/ or service. Once the deposit is cleared, the agreed programme will be delivered. If the Client wishes to change the programme once the deposit has been paid, additional reasonable costs may be levied by BMR at their discretion.

4.2           It is the responsibility of the Client to arrange travel to the site/ location for the proposed activity and or service unless stated. The Client is also responsible for their own personal medical requirements and personal footwear equipment and clothing unless otherwise stated.

5               Damage to Property

5.1           Clients shall be held responsible to make compensation for any damage they cause to the contents and furnishings of the premises during their stay, except for wear and tear.

6               Course Duration

6.1           To book a place on a BMR course you have to arrive on day one of the course at the specified time.  Clients who cannot arrive on Day One of the course cannot attend unless agreed with BMR.  Clients cannot leave during the course and then return unless agreed with BMR.

7               Cancellation and refunds

7.1           Should the Client wish to cancel, cancellation charges will be imposed. These are calculated from the date written notification is received by BMR at their Head Office and shall be calculated as a percentage of the total price and shall be based on the following. Number of days before arrival date that the written notification of cancellation is received:- Amount payable.

-       6 weeks or less: Total fee is due no refund

-       6 to 12 weeks: 75% of the full fee will be due to BMR

-       12 to 18 weeks: 50% of the full fee will be due to BMR

There is in addition a 30% handling fee of the full activity/ course price if we receive notice of cancellation or reschedule/ transfer more than 21 days in advance of the scheduled activity/ course.

7.2           If you cancel or want to reschedule/ transfer 14 days or less in advance for any reason there are no refunds. There are no exceptions. Participants who don’t show up at activities forfeit the full cost.

8               Cancellation by BMR

8.1           We try never to cancel a confirmed booking, but reserve the right to do so. If we cancel a confirmed booking before your activity and or service BMR will offer the Client the choice of a full refund or another available date (with pro-rata refund/price increase as appropriate). In addition unless the cancellation was caused by ‘Force Majeure’ and having regard to the length of notice Clients receive; BMR will pay the Client reasonable compensation where appropriate.

 9               Alteration by BMR

9.1           We make every effort to ensure the accuracy or our Course details and literature. However changes can occur despite our best endeavours and we reserve the right to change any price or other particulars before the Client books (in which case we will tell you before your booking becomes binding).

9.2           If there is a ‘Major Change’ to confirmed booking we will inform the Client as soon as is reasonably practical and offer you the choice of accepting the change receiving a full refund (excluding the initial deposit) or transferring to another available date. If the Client chooses to cancel and the ‘Major Change’ was caused by anything other than ‘Force Majeure’ or low bookings, we will pay you reasonable compensation if appropriate having regard to the nature of the change and the length of notice you receive.

9.3           If there is any change other than a ‘Major Change’ we are not obliged to inform you in advance (but we will do so where practicable) nor are we obliged to pay you compensation. If we become unable to provide a major proportion of the services you have booked with BMR we will make every effort to make alternative arrangements for you at no extra charge and where appropriate refund the Client pro-rata for services not received. If the Client wishes to make changes to the agreed programme additional costs may be added at the company’s discretion.

10            Course content and weather

10.1        The programme we publish in the literature and on our website and describing the courses are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. It is very unlikely that any one programme could be or would be followed precisely as it is published. Several factors outside of our control will determine this and dictate what can be accomplished reasonably during you course. The most influential factors will be weather conditions and physical fitness of course participants. Taking these factors into consideration and the aims of the course as described in our literature the Course Director will construct the best programme possible. The Course Director will review and may alter the programme as the course progresses in response to the changing influence of these factors.

Once the course is underway the Course Director guides instructors or leaders may change the activities at any time. This applies to all courses.

10.2     Circumstances may arise where we are forced to alter dates duration or accommodation before a course starts. We will try to inform you of any such changes as soon as we know of them.

10.3     Our Course Directors, guides, instructors and leaders will do their utmost to ensure that any problems are solved for the benefit of the course participants as a whole, Signing the booking form signifies your acceptance of the Course Director’s authority to make decisions effecting the group of individuals. For instance the Course Director may require an individual or individuals to leave the course if they believe that a person or person’s health is at risk, if a person is not coping or may not cope with the technical, physical or mental demands of the course, if an illegal act has been or may be committed or conduct is, or may become detrimental to the safety, enjoyment or well-being of the group or of any individual with the group.

11        Acceptance of authority 

11.1     Employees  of  BMR  and staff will  use their  best  endeavors  to  resolve problems to     the benefit of the Client as a whole.  The Client must refrain from any conduct, which may give offence or cause danger or damage to any person or property. If BMR or any of its `suppliers believe that the Client is in breach of this obligation or is likely to breach it or is otherwise unfit to partake in the activity BMR or its suppliers may in their absolute discretion refuse the booking or have the Client removed   from any property or facility. BMR will owe the Client no liability in such circumstances and the Client will be solely responsible for any costs incurred.

11.2     The Course Director may require an individual or number of persons to leave the group  if they believe that the Client’s health and safety are at risk, if an illegal act has been committed or the Client has behaved in a way  as to endanger safety, enjoyment or the welfare or the whole group. In the event of this action the Client involved shall not be entitled to any refund from BMR and will be required to meet all expenses involved in their immediate extraction.

12        Personal Health

12.1     Except as disclosed in writing to BMR the Client confirms that they are in good physical and mental health and are unaware of any reason why they may be particularly unsuited to taking part in the activity and/ or service agreed upon or may be likely  to suffer illness or injury during the activity and/ or service.

 12.2     Failure to disclose any information that is required in the ‘Booking Form’  may result   in BMR  terminating the contract and withdrawing the Client from the activity and or service on the grounds of incorrect information. The Client will not be entitled to any refund or payments made under this termination contract.

12.3     It is advised that the client buy separate holiday insurance cover against sustaining an injury and withdrawing from BMR. In this instance there will be no refund or offered alternative dates from BMR. BMR endeavors to keep the client safe from further injury and will assist the client with paperwork to claim from insurance.

13        Personal Property/ valuables

13.1     Personal property accountability is the responsibility of each and every client. BMR advise each client to refrain from bringing valuable Items/ or large amounts of cash to BMR. Clients must take reasonable precautions to protect her personal property/ valuables. BMR does not assume responsibility for any lost or stolen personal property/ valuables. Please keep all personal property/ valuables under observation or in a secured safe offered on arrival

 14        General

14.1     The Contract is personal to the Client and is not capable of transfer or assignment without prior written consent of BMR.

14.2     While it is the intention of BMR perform the obligations under this contract directly  BMR may choose to sub-contract elements of its obligations under this contract.

14.3     Any tolerance or lenience by BMR in respect of a breach by you of these Terms and Conditions shall not constitute a waiver by BMR and it will still be entitled to all rights and remedies available to it under these Terms and Conditions or at law.

14.4     A person who is not a party to these Terms and Conditions shall have no right under the contract (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions but this shall not effect any right or remedy of a third party which exists or is available apart from that Act.

15        Complaints

15.1     If there is a problem during the activity and or service period you must report it to in the first instance the instructor of your activity. If it is still unresolved you must then report it a director of BMR immediately so that prompt and effective efforts can be made to resolve the problem.

15.2     In the unlikely event that the problem cannot be resolved at this time and you wish to raise a complaint full written details must be sent to BMR within 28 days of the activity and or service finishing. Please include your booking reference number / Name  and exact full details of your complaint on your letter; please include your daytime and evening contact telephone numbers. Failure to take these steps will prejudice our ability to resolve your problem and/or investigate it fully therefore any right to compensation you may otherwise have had will be lost or substantially reduced.

16        Conditions of Service

16.1     As part of the continual review of safety and associated considerations the conditions of booking are subject to change clarification and modification at any time. Only the course director or their appointed deputy is empowered to vary or waive any of the Conditions of Booking. Such decisions are totally at the discretion of the course director or the appointed deputy.

17        Exclusions of Warranties and Consequential Loss

17.1     Although BMR will provide all dietary and other health-related consultancy advice and exercise programmer with all of the skill and care reasonably expected of an appropriately qualified provider of such services, it gives no other warranties or guarantees as to the precise results of any weight or body mass changes.  The results of the course for you will be directly influenced by your current health and body type.  Self-discipline and effort will be required from you in order to ensure maximum benefit.

17.2     All Personal Trainers and accommodation providers that we use are independent and work on a subcontract basis with BMR.  All service providers are fully qualified and insured and BMR perform their own background checks to verify this.  They each have their own public liability and professional indemnity cover.

17.3     To the maximum extent permissible in law: a) all warranties, whether express or implied by statute, common law or otherwise are excluded; and b) in no event shall BMR, nor any of its employees, agents or other representatives be liable for any special, incidental, indirect or consequential damages whatsoever, including without limitation damages for loss of profits or any other pecuniary or other loss arising from or in connection with any of these Terms and Conditions.

18        Law and Jurisdiction

18.1     This agreement shall be construed in accordance with the laws of England and Wales the Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of this Agreement.