TERMS AND CONDITIONS
WYLD GRACE (“We”, “us” and “our”) of 26 Jace court, Priory Rd, St Austell, PL25 5FL. In these Booking Conditions references to “you” and “your” include the first-named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is transferred. A ‘package’ and ‘lack of conformity’ have the same meaning as in the Package Travel and Linked Travel Arrangements Regulations 2018 and ‘arrangements’ are all the accommodation, wellbeing and other arrangements detailed on your confirmation (including any additions or amendments).
1. Our agreement
You will receive standard information about your package arrangements and details of their main characteristics before a binding agreement between you and us come into existence. That information, these conditions together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us. Please read them carefully as they set out our respective rights and obligations. By making a booking, you agree to be bound by all of the following:
Key terms
1. You will enter into a binding contract with us when we issue our confirmation invoice. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially, this will be the deposit you paid to secure your arrangements, but after you’ve paid the balance of the price of your arrangements, these charges could increase up to 100% of the cost of the holiday;
2. You can make changes to your confirmed arrangements in certain circumstances. We will make a charge for processing these changes;
3. Although we will endeavour not to, we may have to make changes to and cancel your confirmed arrangements but we will provide suitable alternatives and pay you compensation in certain circumstances if we do so;
4. We are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this.
Accuracy of information and booking errors
We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. Please check the details in your confirmation and let us know if anything does not seem right.
We can not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 9.
Our agreement becomes binding when we issue a confirmation email and the first deposit invoice is paid. Please check all details on the confirmation (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out.
2. Payment
You must make payment for your arrangements in timeframe that we require them.
Generally, we will require a minimum 30% deposit before we issue our confirmation. Balance payments are not due until 4 weeks prior to the event in the UK. We will confirm your particular payment terms on booking. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 7 below will become payable.
In the case of international payments, you must ensure that we receive the full GBP Sterling amount. You will be responsible for all bank charges, withholding taxes, and exchange rate fluctuations.
3. Insurance
It is a condition of our agreement that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of a cancellation, medical issues, and repatriation in the event of accident or illness. Details of a policy suitable to cover your arrangements are available by contacting a variety of travel insurers. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.
4. Special requests
Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled.
5. Health, disabilities and medical problems
It is your responsibility to inform us of any health issues. Disabilities and medical problems that you are experiencing. We will do our best to accommodate and help you but it is your responsibility to maintain these whilst you are staying with us. Please ensure you have adequate medical travel insurance to cover your specific condition and is suitable for the area / location of travel.
You understand that yoga activities can be physically demanding. We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility but if you or any member of your party has any precise medical problem or disability which may affect your chosen arrangements, please provide us with full details before we issue our confirmation. We will only provide precise information on the suitability of the trip or holiday taking into account your needs if you specifically request us to do so.
6. The price
We reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed arrangements.
7. Changes and cancellations by you
If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. We may incur charges for empty rooms or last minute cancellations and so we are only covering our own costs by charging you cancellation fees. We will try to reschedule and fill the place to avoid charges but this is not always possible - especially short notice. In situations where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you.
You may cancel any package arrangements prior to their commencement (following the process outlined above) in the event that i) circumstances amounting to unavoidable and extraordinary circumstances (as set out in clause 9) are occurring at the place where your arrangements are due to be performed or its immediate vicinity and; ii) if the performance of your arrangements will be significantly affected by those unavoidable and extraordinary circumstances. In this event, you will receive a refund without undue delay of any payments made but this the maximum extent of our liability and we regret we cannot meet any other expenses or losses you may incur as a result.
If your arrangements are a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than seven days before departure and you pay an amendment fee and meet all costs and charges incurred by us. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Charges in the event of a cancellation
In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):-
More than 56 days before the first day of your retreat – charge = deposit only
More than 35 days before the first day of your retreat –charge = 60% of the total cost of your holiday.
More than 21 days before the first day of your retreat – charge = 80% of the total cost of your holiday.
21 days or less – charge = 100% of the total cost of your holiday.
If cancellation of a party member results in under-occupancy of a room, those remaining must pay the appropriate empty bed charge.
Charges in the event of a change
In the event we can meet your requested change, you will have to pay £50 per alteration per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves.
Amendments include: changing number of guests (reduction or addition), a retreat location, retreat date change and guest details (this is not an exhaustive list and there may be other amendments which incur a £50 administration fee) and if the change is within the cancellation terms above.
For UK Retreats: Requests for amendments must be made at least 6 weeks before the start date of the retreat.
If we are unable to make alterations as you requested (for example due to other retreat being booked up, or we are unable to sell your space) and you do not wish to continue with the booking then our cancellation charges (above) apply.
8. Changes and cancellation by us
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 12.
Changes and cancellations before departure
Most changes will be insignificant and we reserve the right to make them. If we make an insignificant change to the main characteristics of any package arrangements we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. Changes to the staff team do happen due to person circumstances and illness. Changes in the team will be classed as insignificant change to schedule.
Occasionally, we have to make a significant change and we reserve the right to do so. A significant change is one where we significantly alter any of the main characteristics of your confirmed arrangements, such as the venue. If we have to make a significant change or cancel before departure, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-
Options on change or cancellation
i) (for significant changes) agreeing to the changed arrangements,
ii) accepting the cancellation or terminating the contract for the arrangements and receiving a refund (without undue delay) of all monies paid; or
iii) accepting an offer of alternative arrangements of comparable standard from us, if available.
(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due).
You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.
12. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
We will not pay you compensation where:-
i) we make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 9;
iii) we cancel your arrangements no later than 20 days before they are due to start because the minimum number of participants to run them has not been reached.
We will not make a price reduction or pay you compensation, and the above options will not be available where:-
i) we make an insignificant change;
ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and cancellations to package arrangements after departure
If we become unable to provide a significant proportion of your package arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction.
You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in accordance with this clause, where appropriate and only where your arrangements are a package, we will pay you compensation subject to section B of clause 12.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
9. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken. These events can include but are not limited to war, the threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, pandemics or epidemics, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) control.
10. Complaints
If you experience difficulty during your retreat or holiday, please inform us without undue delay so that we can take steps to assist you or put things right. We cannot accept any liability whatsoever if we are not informed immediately, of any problem during your stay, in order to give our retreat team the opportunity to remedy the issues raised. If, after the issues raised have not been remedied, you should contact us by emailing info@Wyld Grace.co.uk and put in writing the reasons for your complaint. We will reply within 28 days of receiving your complaint following our due diligence in looking into the detail of the complaint to enable us to give you an adequate reply that is fair and reasonable. If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your invoice number and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.
11. Your behaviour
If in our reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behaviour is jeopardising the safety of aircraft, people or property therein or good order and discipline on board; or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, or your behaviour is upsetting to other guests, we reserve the right to terminate your arrangements immediately. In the event of such termination, our responsibilities to you will cease and you will be required to leave your accommodation or another service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
12. Our Responsibility
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of this clause 12.
A. Our responsibilities differ according to what you have booked:
In relation to bookings of Packages
We accept responsibility as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we fail to arrange or perform your package arrangements in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you compensation subject to clause B of this clause. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
In relation to all other bookings
We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you have been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
Please note that it is a condition of our acceptance of the responsibility above that you inform us and the supplier(s) concerned without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it. Please contact hello@wyldgrace.co.uk
B. Limitations and exclusions of responsibility
In these terms and conditions, our responsibilities are limited, and the duty to pay compensation is limited as follows:-
We will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or another claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable or unavoidable; or
(c) Unavoidable and extraordinary circumstances as set out in clause 9.
We will not be responsible, make a price reduction or pay compensation: -
a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example, any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-
(a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaint’s procedure set out in these conditions.
(b) the extent to which ours or our subcontractor’s, employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
(c) the deduction that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)
Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law.
The maximum amount we will have to pay you in respect of all such claims is three times (twice in the case of arrangements which aren’t packages) the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong, and you or your party has not received any benefit at all from your arrangements.
Assistance to those travelling on a package in the event of difficulty.
Where you have booked a package, we will provide appropriate assistance without undue delay in the event that you experience difficulty. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact our local representative hello@wyldgrace.co.uk
13. Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
14. Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk
Up-to-date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
15. Lost & Stolen Property:
Wyld Grace Ltd will not be held responsible for any theft or loss of personal possessions from our premises or vehicles. Whilst Wyld Grace Ltd will endeavour to ensure the security of guests’ personal possessions, Wyld Grace Ltd cannot guarantee it. It is up to the group leader to ensure that each member of the party is responsible for the safety of all their own personal possessions, documents and equipment. No responsibility or liability is or will be accepted in respect of such items. All clients should ensure their health and possessions are covered by personal travel insurance.
16. Website content:
We make every effort to ensure the accuracy of the information contained in our brochures and on our website. However, content is subject to change from time to time, often due to the actions of our suppliers (eg. hotels, tour companies, and suppliers in the country of the package with us). We will endeavour to notify you of any change known to us affecting your holiday prior to issuing you with our booking confirmation.
We do not generally use linking or framing. We are not responsible for the content, policies and services of any sites linked to or accessible via our website.
17. Photography, Media, Influencer PR
We take the data privacy of our guests very seriously and are committed to abiding by the associated governing laws.
We will take photos on the retreat and will ask each participant if they mind pictures of them being used. If anyone objects then they just have to let us know and we shall remove the image(s). If you do not wish any images of you to be displayed on social media then just let us know (in writing prefreably) and we shall ensure that you do not feature on promotional images.
Please be notified when you book with us, you give us permission that any images or video footage taken during your retreat or holiday and shared by your group leader, for marketing purposes.
You consent to Wyld Grace having permission to publish these photos and videos and details for marketing purposes including, but not limited to; on our website, social media, email marketing, promotional materials and any other marketing channel.
Notice relevant to packages only: Key Rights under the Package Travel and Linked Travel Arrangements Regulations 2018:-
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. Wyld Grace Ltd will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Wyld Grace Ltd has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent. More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018:-
Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018:-
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance, if there are serious security problems at the destination which are likely to affect the package
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.
The Package Travel and Linked Travel Arrangements Regulations 2018: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/pdfs/ukdsi_9780111168479_en.pdf
Contact Information
Find us here: Retreats on the Wyld side
Email: lauragraceford@gmail.com
Phone: +447423192566