TERMS & CONDITIONS OF SUPPLY
REPLENISH FESTIVAL TERMS
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply services (the, “Yoga Festival”) to you.
1.2. Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide the Yoga Festival to you, how you may change or end the contract with us, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Christina Chung and Hannah Campbell sole traders established in England and Wales working under the name of Be Nourished. Christina’s address is 17 Home Farm Lane, Radcliffe on Trent, Nottingham NH12 2LL, UK. Hannah’s address is: Flat 11, Compass House, 1 Marina Walk, Rowhedge, C05 7DL.
2.2. How to contact us. You can contact us by writing to either nourishedgatherings@gmail.com or replenishfestivaluk@gmail.com
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4. ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. How we will accept your oder.
3.1.1. Our acceptance of your order for the Yoga Festival will take place when payment has successful been made following the online instructions/ booking system.
3.1.2 The contract comes into force at the point we receive your cleared funds into our account.
3.2. If we cannot accept your order. If we are unable to accept your order we will inform you of this in writing and will not charge you for the Yoga Festival. This might be because all places have been taken, or there are unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Yoga Festival.
4. TRAVEL and personal possessions insurance. You agree to acquire an appropriate level of travel insurance, as applicable to your form of travel, to cover unexpected cancellation, sickness, and damage to/loss of personal possessions.
5. YOUR HEALTH
5.1. You are responsible for letting us know if you have any injuries and you agree to be mindful at all times of your own body’s capability during your participation in the sessions that are part of the Yoga Festival. You undertake to immediately inform us if you experience any discomfort during an activity or believe you may have sustained an injury. If you have any concerns about an exercise during the Yoga Festival, then you agree that you will stop and let us know.
5.2. You agree that it is your responsibility to consult a doctor with an understanding of yoga, prior to your participation in the Yoga Festival, to confirm that you are sufficiently fit and healthy to undertake yoga classes and other physical activities that you may choose to do as part of the Yoga Festival.
6. YOUR RIGHTS TO MAKE CHANGES
6.1 Because of the need for us to make up front payments to secure the facilities needed in order to organise the Yoga Festival and to book resources ahead of the Yoga Festival, we are unable to accept any significant changes to your Order once we have accepted it. Should you wish to make a change to your Order please contact us and we will let you know if the change is possible and whether this will affect the price of the Yoga Festival, or anything else which would be necessary as a result of your requested change and we will ask you to confirm whether you wish to go ahead with the change.
6.2 Your booking is for the stated period of the Yoga Festival. We can not offer refunds for an unused portion of the Festival (for example, if your flights are delayed or amended by you or your carrier).
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the Yoga Festival. We will use all reasonable endeavours not to make any changes to the timing of the Yoga Festival however we reserve the right to make changes to the Yoga Festival in the following eventualities:
7.1.1 if there are changes in relevant laws and regulatory requirements that require us to do so; and
7.1.2 to implement minor technical adjustments (including, without limitation, yoga teacher and class times) as well as improvements. These changes should not have any significant effect on the Yoga Festival.
7.2 Other changes to the Yoga Festival and these terms. In addition, we may make the following change to the Yoga Festival, but if we do so we will notify you before the change takes effect:
Accommodation: if your accommodation has to be changed, we will use all reasonable endeavours to provide you with an accommodation of an equivalent standard. If a significant change becomes necessary, we will inform you as soon as reasonably possible.
8. PROVIDING THE YOGA FESTIVAL
8.1. When we will provide the Yoga Festival. We will be providing the Yoga Festival on the dates specified on the website which can be found at www.benourished.org.uk/replenishfestival
8.2. We are not responsible for delays outside our control. If the Yoga Festival is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take commercially reasonable steps to minimise the impact of the event on the Yoga Festival. Provided we do this we will not be liable for changes caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Festival. For the avoidance of doubt, under no circumstances we will be liable for reimbursing you for the costs of your flights or other travel costs and expenses.
8.3. What will happen if you do not provide required information to me. We will need certain information from you so that we can provide the Yoga Retreat to you, including for example, [Full name, contact number, email address]. We will contact you in writing to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may end the contract (see Clause 10.1). We will not be responsible for not providing the Yoga Festival or any part of the Yoga Festival if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9. YOUR RIGHTS TO END THE CONTRACT
9.1. You can end the contract before the Yoga Festival has commenced. If you want to cancel this contract for the Yoga Retreat you must provide us with your cancellation notice in writing. Our cancellation terms are as follows:
9.1.1. If you cancel within 8 weeks of the Yoga Festival, we will refund you 50% of the price unless you or we are able to find an alternative participant to take your place in which event we will refund you 100% of the price, less the cost of the deposit and any unrecoverable administrative costs (by way of example, without limitation, fees charged to us by organisations such as Paypal) within 5 working days.
9.1.2. If you cancel within 30 days of the Yoga Festival we will refund you 25% of the price unless you or we are able to find an alternative participant to take your place in which event we will refund you 100% of the price, less the cost of the deposit and any unrecoverable administrative costs (by way of example, without limitation, fees charged to us by organisations such as Paypal) within 5 working days.
9.1.3. If you cancel your order within 14 days of the Yoga Festival any refund will be contingent upon you or us finding an alternative participant to take your place and, in any event, entirely at our discretion where a refund is possible it will be less the cost of any unrecoverable administrative costs (by way of example, without limitation, fees charged to us by organisations such as Paypal) within 5 working days.
9.2. Cancellation of the Yoga Retreat by us: If we have to cancel the Yoga Festival for any reason we will let you know as soon as is reasonably practical of the cancellation and will arrange to refund you the price you have paid less the cost of any transaction fees (by way of example, without limitation, fees charged to us by organisations such as Paypal) within 5 working days.
9.3. What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at 9.3.1 to 9.3.4 below the contract will end immediately and we will refund you in full less the cost of any transaction fees (by way of example, without limitation, fees charged to us by organisations such as Paypal). The relevant reasons are:
9.3.1. We have told you about an upcoming change to the Yoga Festival or these terms which you do not agree to;
9.3.2. We have told you about an error in the price or description of the Yoga Festival and you do not wish to proceed;
9.3.3. There is a risk the Yoga Festival may be significantly changed because of events outside our control; or
9.3.4. You have a legal right to end the contract because of something we have done wrong.
10. OUR RIGHTS TO END THE CONTRACT:
10.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
10.1.1. you do not make any payment to us when it is due and you still do not make payment within seven business days of us reminding you that payment is due; or
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Yoga Festival.
10.2. You must compensate us if you break the contract. If you break or breach the contract we may charge you compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE YOGA RETREAT
11.1. How to tell us about problems. If you have any questions or complaints about the Yoga Festival, please contact us. You can contact us by writing to us at either nourishedgatherings@gmail.com or replenishfestivaluk@gmail.com
11.2. Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the Yoga Retreat. Nothing in these terms will affect your legal rights:
Summary of your key legal rights:
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
You can ask us to rectify our services if they are not carried out with reasonable care and skill.
Our charges for the services must be reasonable.
Our services must be carried out in accordance with the timescales indicated to you within these terms.
11.3. Our guarantee in addition to your legal rights. We offer the following goodwill guarantee which is in addition to your legal rights (as described in Clause 8.2 and does not affect them. In the unlikely event there is a material defect in respect of the Yoga Retreat:
11.3.1. if remedying the defect is impossible or cannot be done within a reasonable time or without significant inconvenience to you we may, at our discretion, refund a portion of the price you have paid for the Yoga Retreat.
11.3.2. in all other circumstances we will use every effort to resolve any defect, without significant inconvenience to you, as soon as we reasonably can.
12. PRICE AND PAYMENT
12.1. Where to find the price for the Yoga Festival. The price of the Yoga Festival is available on our website at the following link www.benourished.org.uk/replenishfestival and is as follows;
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Sliding scale £150 - £225 for a Weekend Ticket
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Sliding scale £75 - £115 for a Day Ticket
12.2. When you must pay and how you must pay.
12.2.1. In accordance with condition 3.1.4, you must make payment by following the instructions on our online booking system.
12.2.2. In order to complete your booking and secure your spot, you must complete payment in the timescales required as set through the booking system or as agreed in writing.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both us and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Yoga Festival including that the Yoga Festival is as described and supplied with reasonable skill and care.
13.3. We are not liable for any other losses. We only supply our services for domestic and private use. If you use the Yoga Festival for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1. We will only use your personal information for the reasonable administrative purposes required to facilitate your participation in the Yoga Festival. We will maintain your personal information in accordance with UK data protection legislation.
15. OTHER IMPORTANT TERMS
15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation but if we intend to do so, we will always tell you in writing. If this happens we will ensure that the transfer will not affect your rights under the contract.
15.2. You may only transfer your rights with our consent. You may only transfer your rights or your obligations under these terms to another person with our written consent.
15.3. Nobody else has any rights under this contract. This contract is between you, Christina Chung, and Hannah Campbell. No other person shall have any rights to enforce any of its terms.
15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you fail to make a payment and we do not chase you but we continue to provide the Yoga Festival, we can still require you to make the payment at a later date.
15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Yoga Festival in the English courts.
15.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, we will negotiate in good faith to agree to an independent dispute resolution entity and you will be able to submit a complaint to that entity. We will abide by the decision making of the dispute resolution entity we jointly agree to.
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