WELLNESS RETREATS CONSULTATION
At Hand Picked Hotels your health and wellbeing is our primary concern, therefore if you are currently pregnant, have any allergens, have a heart disorder, have a diagnosed medical condition or are taking any prescribed drugs, please let us know in advance.
We kindly request that prior to your experience that you complete your on line wellness retreat consultation which your the team will run through with you when you arrive. Please follow the link and select your location. Online wellness retreats consultation.
A full consultation will be completed with you on arrival but if you are aware of any contra-indications your chosen retreat may need to be changed. If you are unsure please feel free to call the hotel direct and they will be able to advise you.
STANDARD TERMS AND CONDITIONS FOR WELLNESS RETREAT SERVICES
1 Definitions
1.1 In these terms and conditions, words and phrases shown as having a particular meaning (including by the use of capital letters) shall have the meanings below:
Booking the contract for the provision of Services between You and us upon the terms and conditions set out in this document and on the Booking Form, formed in accordance with the terms of clause 3.
Booking Date(s) the calendar day(s) in which the Booking Period falls as set out on the Booking Form.
Booking Details the details of your Booking (or requested Booking, as the case may be) provided to you in writing pursuant to clause 3.1, as may be changed from time to time prior to the Booking Date in accordance with these terms and conditions.
Booking Period the date or dates the Services will be provided in accordance with these terms and conditions as stated on the Booking Form.
Catering the provision of Food at or around the Venue(s) for or in connection with the Booking.
Catering Services the services of preparation and serving of the Food during the Booking Period.
Charges the total charges payable by you to us for the Booking as set out on the Booking Form, together with all other charges agreed between you and us, including charges for Catering as applicable, and any other amounts payable under these terms and conditions.
Food hot or cold food and/or drink of any nature set out on the Booking Form or otherwise agreed between you and us.
Guests those persons named in the Booking Form being any people who have agreed to come with you for your Booking to receive the Services. Guests must be aged 18 or over to take part in any of the Wellness Retreats.
Wellness Retreat Medical Questionnaire the form provided to you and any Guest, and identified as such, for completion in accordance with clause 4.2.
Rules the rules relating to the use of the Venue(s) for Services provided with these terms and conditions and/or otherwise provided by us, or otherwise made known to you, at any time prior to, at the time of or during the Booking in connection with the Booking.
Services the wellness retreat services specified in the Booking Form as may be changed from time to time prior to the Booking Date in accordance with these terms and conditions and more particularly described on our website www.handpickedhotels.co.uk/wellness-retreats
Venue the venue, premises or place where the Services will be provided in connection with the Booking as specified in the Booking Form.
we, us, our and related expressions Hand Picked Hotels Limited, a company incorporated in England and Wales with company registration number 03760451.
you, your and related expressions the person or persons making the Booking as identified on the Booking Form.
2 Information about us and our Services and how to contact us
You can find everything you need to know about us, Hand Picked Hotels, and our wellness retreat services on our website at www.handpickedhotels.co.uk/wellness-retreats & in our marketing materials and/or from our sales team before you book with us.
2.2 Our contact details are set out on our website at www.handpickedhotels.co.uk/contact-us as updated from time to time.
3 How to make a Booking with us
3.1 A Booking is concluded only when both you and us have signed the Booking Form and you have paid the Charges identified as being payable in advance to us in full. Payment can be made online or via Group Reservations or via the hotel direct. Full pre-payment is taken at time of booking. Once a Booking is concluded it forms a legally binding agreement between you as the customer and us upon the terms of the Booking Form and these terms and conditions. We will send you a confirmation of your Booking by email to the email address you provide to us. Please check this to ensure the details of your Booking are correct.
3.2 For the avoidance of doubt, until a Booking is concluded no provisional booking or reservation of a date for a Booking is legally binding on you or us, and our Services may become unavailable for a Booking on a desired date at any time until a Booking is concluded.
3.3 Where Guests are included on the Booking Form, as it is you that has made the Booking with us, you will be responsible for the conduct of your Guests.
4 Information regarding health and safety
4.1 Some of our Services may involve intense periods of physical exercise and might otherwise be challenging or strenuous. It is your responsibility to ensure that the Services are suitable for you and any Guests.
4.2 You must ensure that you and all of your Guests, as applicable, complete the Wellness Retreat Medical Questionnaire which will be provided to you by email or in hard copy and return this to us no later than 7 days before the Booking Date unless otherwise agreed with us so that we or our subcontractors, as the case may be, can review your responses and assess:
4.2.1 the suitability of our Services to you and/or your Guests;
4.2.2 whether reasonable adjustments need be made to our Services to ensure the safety of you and/or your Guests during the Booking and whether those adjustments can reasonably be made;
4.2.3 if we will require you and/or your Guest, as the case may be, to provide us with a letter from your GP or other medical professional and/or any Guest’s GP or other medical professional confirming that you and/or your Guest are safe to use and/or receive the Services and if we make such a request, you and/or your Guest (as appropriate) shall promptly comply with our request;
4.2.4 whether we will need to discuss your responses with you in more detail and/or discuss any Guest’s responses with them in more detail; and/or
4.2.5 whether to cancel your Booking (or part of your Booking as the case may be) in accordance with clause 10 or make changes to the Booking, including the Services, in accordance with clause 9.5.
4.3 If you or any Guest supply inaccurate or incomplete information on the Wellness Retreat Medical Questionnaire form or fail to disclose any serious illness, injury, medical condition, pregnancy and/or medical requirements including but not limited to any medications that you and/or any Guest take or are otherwise prescribed:
4.3.1 we and our subcontractors as the case may be, will not be responsible to you or any Guest for any injury caused to you or to any Guest or any other loss or damage that arises as a result of any failure by you to comply with clause 4.2 and not out of any negligence by us; and
4.3.2 we may cancel the Booking immediately and/or refuse to supply any aspect of the Services to you in accordance with clause 10.1.
4.4 We recommend that you and your Guests (as applicable) should seek medical advice from your/their GP or a medical specialist, as the case may be, prior to making a Booking with us to ensure that you and your Guests (as applicable) are safe to use the Services.
4.5 You agree that you will do all of the following things during the Booking Period and that you will ensure all your Guests also do them:
4.5.1 comply with our health and safety policy or any other health and safety policy provided or otherwise made known to you. We or our subcontractors, as the case may be, will provide any guidance required wherever practicable;
4.5.2 not permit any more than the maximum number of Guests as set out on the Booking Form to attend the Venue(s) for the Booking;
4.5.3 observe all of our Rules for the conduct of visitors to any area of the Venue(s) and follow any instructions of any of our staff, or subcontractors as the case may be, at all times during the course of the Booking;
4.5.4 not cause any nuisance, damage, disturbance, annoyance, interference or inconvenience to us, our staff (or subcontractors), or to any other guests; and
4.5.5 not do anything which we, or our staff (or subcontractors) specifically forbid you to do.
4.6 You acknowledge and agree that you and your Guests must be 18 years of age or over as at the Booking Date. We may require you and/or any of your Guests to present us with a valid and official form of identification recognised in the UK (such as a passport or driving licence), at any time, for the purpose of confirming your age and/or the age of any of your Guests. If you and/or any of your Guests are unable to prove to our satisfaction that you and/or they (as the case may be) are 18 years or over, we may refuse to provide the Services to those individuals. In these circumstances, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the terms of this clause 4.6.
4.7 You must ensure that neither you nor any of your Guests are drunk or in any state of intoxication (whether through controlled substances or otherwise) during the Booking Period. We may require any person to leave the Venue(s) if we have reasonable grounds to believe that person to be drunk or intoxicated.
5 Damage to property and lost property
5.1 You must ensure that you and all your Guests treat the Venue(s) and its contents with proper care and try not to damage them.
5.2 You must pay us for repair of any damage to the Venue(s) and its decor, and for the replacement of any damaged or missing contents. You must pay our reasonable charges for repair or replacement in accordance with cause 11.3.
5.3 We do not accept liability for damage or loss of any items brought to the Venue(s), including without limitation in respect of any items lost, stolen or damaged (whether belonging to you, Guests or other third parties) stored in a room or area provided by us for storage of items.
5.4 If you or any of your Guests accidentally leaves an item behind after the Booking Period, we will use reasonable efforts to remove the item to a safe place, contact you and give you a reasonable opportunity to collect it. We may make a reasonable administration charge for storage and arranging collection of these items.
5.5 We shall not be liable to you or any other owner of the item for disposing of any item left behind if the item was not obviously of value (at least over £100).
6 If you have ordered Food as part of the Booking this section applies
6.1 If you have selected in the Booking Form to receive food from us during the course of your Booking, the terms of this clause 6 will apply to the supply of our Food and Catering Services.
6.2 You must ensure that you provide to us any information concerning the dietary requirements and food allergies that you might have and of any and all of your Guests so that we, or our subcontractors as the case may be, may supply the Food and Catering Services in a manner that is safe for you and all your Guests.
6.3 We shall not be responsible for any injury caused to you or to any Guest or any other loss or damage that arises as a result of any failure by you to comply with clause 6.2 and not out of any negligence by us.
6.4 We shall ensure that the Food shall:
6.4.1 correspond substantially with its description provided to you from time to time;
6.4.2 be of satisfactory quality and fit for the purpose;
6.4.3 where any dietary requirements (such as for vegetarian food or requirements for the avoidance of any specific ingredients) have been identified by you and agreed by us as expressly set out on the Booking Form, comply with such requirements, and in this respect we rely on you to identify any and all such requirements on the Booking Form or otherwise make this clearly and expressly known to us at least 3 days prior to the Booking Date;
6.4.4 where applicable, be prepared, manufactured, stored and supplied in accordance with any and all laws, regulations and best practice procedures relevant to food hygiene and the manufacture, storage and sale of food products for human consumption; and
6.4.5 (without prejudice to clause 6.4.3) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Food.
6.5 We shall ensure that:
6.5.1 the Food is served to you and your Guests during the Booking Period in such amounts as are set out in the Booking Form at approximately such times as are set out in the Booking Form or otherwise agreed between us; and
6.5.2 that our Catering Services are supplied with reasonable care and skill.
6.6 Ownership of the Food will pass to you when it is served to you in accordance with these terms.
7 If you want to make changes to the Booking
7.1 You may request a change to details of the Booking, including making changes to the Services, or number or details of Guests and/or to make arrangements for Catering (if applicable).
7.2 Whether any request to change details of the Booking is accepted will be at our sole discretion and subject to these terms and conditions (including without limitation clause 7 relating to cancellation). If we accept a change to the Booking, we may make a corresponding adjustment to the Charges and you must pay any additional amounts in full upon our request.
7.3 If you request to change details in relation to the Catering Goods and/or Catering Services 3 days or less prior to the Booking Date, which is accepted by us in accordance with clause 6.2, we will refund any money you have paid in advance to account for any difference in the value where the applicable charges in respect of the revised Catering Good and/or Catering Services order is less than the original value of the charges for the Catering Goods and/or Catering Services prior to the request being made, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of the change.
7.4 No changes will take effect unless and until all details of the requested change and consequences of it being introduced have been confirmed in writing by both parties, at which point the Booking Form will be deemed to have been varied to include the changes.
8 If you want to cancel
8.1 You do not have the right to cancel the Booking under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in accordance with regulation 28(1)(h) as the Booking is for the provision of catering and/or services related to leisure activities and provides for a specific date or period of performance and may also have capacity limitations.
8.2 We provide you with the ability to cancel the Booking at any time by giving us notice in writing, but if you do so under this clause you will be liable for 100% of the Charges if written notice is received on the date less than 14 days before the Booking Date or any later date, save that if we are able to reasonably reduce our losses caused by your cancellation then we shall deduct any such amount from the charges payable by you.
8.3 If you wish to end the Booking for a reason set out at clause 8.3.1 to clause 8.3.3 below the Booking will end immediately and we will refund you in full the Charges you have paid in relation to the Booking. The relevant reasons are:
8.3.1 we have told you about an error or omission in the price or description of the Booking including the Services and you notify us in writing within 28 days that you do not wish to proceed;
8.3.2 we have told you about an upcoming change to the Booking which you do not agree to (see clause 9.5), and you notify us within 28 days that you do not wish to proceed; or
8.3.3 you have a legal right to end the Booking because we have breached these terms and conditions.
8.4 If you and/or any Guest are unable to attend the Venue(s) on the Booking Date for whatever reason, including due to travel disruptions, you may not be entitled to a refund. We recommend that you obtain appropriate insurance to cover such an eventuality.
9 Our right to make changes
9.1 Changes caused by events outside our control. Given the nature of the services we provide, sometimes events outside our control, including adverse weather, will require us to make changes to the Services, including but not limited to:
9.1.1 changes to the Venue(s) including by providing the Services or part of the Services indoors rather than outdoors;
9.1.2 substituting the Services or part of the Services with alternative services which are outlined on our website at www.handpickedhotels.co.uk/wellness-retreats; and/or
9.1.3 make reasonable adjustments to the Services or the provision of the Services.
9.2 We will not always be able to provide you with notice of a change in advance of the Booking Date. However, we will contact you as soon as possible to let you know and provide you details of the proposed alternative Venue(s) and/or substitute services (where possible, such substitute services will be of equivalent quality and price) and/or reasonable adjustments to the Services as the case may be and where possible we will provide you with options to choose from. Details of alternative Venues, services which may be used as a substitute and reasonable adjustments that may be made to the Services are contained on our website at: www.handpickedhotels.co.uk/wellness-retreats.
9.3 Where we are able to provide you with notice of a change to your Booking in advance of the Booking Date, we will contact you as soon as possible to let you know and we will provide you with the option to:
9.3.1 agree to proposed alternative Venue(s) and/or substitute services and/or reasonable adjustments to the Services as the case may be; or
9.3.2 reschedule your Booking to another available date.
9.4 Delays caused by events outside our control. If our supply of Services is delayed by an event outside our reasonable control, including but not limited to coronavirus restrictions, government guidance, supply chain issues, pandemic, epidemic, self-isolation requirements or adverse weather, we will contact you as soon as possible to let you know and do what we can do reduce the delay and/or to reschedule your Booking to another available date. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact the Venue hosting the wellness retreat to end the contract and receive a refund for any services you have paid for in advance, but not received, less reasonable costs we have already incurred. For the avoidance of doubt, we will not be responsible for any travel costs incurred by you.
9.5 Minor changes to the Booking. We may make changes to the Booking including the Services (including without limitation any Catering):
9.5.1 to reflect changes in relevant laws and regulatory requirements;
9.5.2 to comply with health and safety requirements;
9.5.3 to ensure your safety, including as a result of the assessment we have made based on the responses provided to our Wellness Retreat Medical Questionnaire; and/or
9.5.4 to implement minor adjustments and improvements.
9.6 It is anticipated that these changes will not affect your Booking but in the event that they do we shall advise you of these as soon as we are able to. Your Booking will not otherwise be affected unless any change is a significant one in which case the provisions of clause 8.3 apply.
9.7 Significant changes to the Booking. We will take all reasonable steps to ensure that the Booking is able to take place in accordance with the details contained in the Booking Details, however we may make the following changes to the Booking (including the Services and any Catering) should circumstances dictate that it is necessary to do so:
9.7.1 change the Venue(s) and/or restrict access to parts of the Venue(s) should this be required to satisfy any reasonable health and safety concerns; and/or
9.7.2 make those necessary variations to the Booking (including without limitation any Catering) should there be a lack of resources for any reason;
and if we do so we will notify you and you may then contact us to end the Booking and receive a full refund before the changes take effect (see clause 8.3).
10 Cancellation of your Booking by us
10.1 We may cancel your Booking and by doing so end our contract with you at any time by writing to you if you:
10.1.1 do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due or not less than one working day before the Booking Date (whichever is the earlier);
10.1.2 do not, within a reasonable time of us asking for it, provide us with information that is necessary to fulfil the Booking and/or any services pertaining to the Booking;
10.1.3 commit a material breach of any of these terms and conditions and (if such breach is remediable) you fail to remedy that breach within a period of 21 days after being notified in writing to do so; or
10.1.4 have deliberately concealed information or deliberately provided incorrect or incomplete information in relation to the Booking where it would have been reasonably foreseeable that we would not have agreed to the Booking had we known the concealed, correct or incomplete information.
10.2 You must compensate us if you break these terms and conditions. If we cancel the Booking in the situations set out in clause 10.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking these terms and conditions.
11 Information relating to charges and payment
11.1 The Charges applicable to the Booking are set out in the Booking Form.
11.2 You should pay the Charges in full to us before the Booking is concluded.
11.3 In the event of there being any increase in the amount of Charges, we will send you an invoice for the further amount and you must pay this invoice in full by the date 14 days after issue of the invoice. In the event of there being a decrease in the amount of Charges (including without limitation following a change to the Booking), we will deduct the amount of this decrease from any charges yet to be paid or if no Charges remain payable will reimburse you the amount of this decrease within 14 days of your written request for reimbursement.
11.4 Charges shown on the Booking Form include VAT, where applicable, at the applicable rate unless stated to the contrary.
11.5 We charge interest on late payments. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of [3]% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
11.6 You may make payment in any one of the following ways unless agreed with us otherwise:
11.6.1 by BACS or CHAPS to our account details provided; or
11.6.2 by debit or credit card over the telephone or online.
12 We use your personal data as set out in our privacy policy
12.1 How we use any personal data you give us is set out in our privacy policy: https://www.handpickedhotels.co.uk/privacy-policyYou are responsible for ensuring that you have the consent of each Guest to provide their personal data to us.
13 Other important terms apply to this contract
13.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
13.2 You can only transfer your contract with us to someone else if we agree to this. We may not agree if the other person(s) would not be eligible to receive the Services under the terms of this agreement, or if you make a request to transfer the contract within 14 days of the start of the Booking Date due to the nature of the Services requiring us to review and assess the Wellness Retreat Medical Questionnaire and undertake a risk assessment prior to the Booking taking place.
13.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither you nor us will need to ask anybody else to sign off on ending or changing it.
13.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
14 Your rights if there is something wrong with the Services you receive
14.1 If you think there is something wrong with the Services, you should contact the Venue direct in the first instance. If you remain dissatisfied with the response from the Venue please contact our Customer Service Team: [[email protected]]. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
14.2 In relation to services, the Consumer Rights Act 2015 says:
14.2.1 you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
14.2.2 if a price hasn't been agreed upfront, what you're asked to pay must be reasonable; and/or
15 You have options for resolving disputes with us
15.1 Please liaise with the Venue where you had your Wellness Retreat. In the event you remain dissatisfied with the response please contact our Customer Service team at [email protected] who will do their best to resolve any problems you have.
16 You can go to court to seek a resolution. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland, Northern Ireland or the Channel Islands, you can also bring claims against us in the courts of the country you live in. This also means that we can bring a claim against you in the courts of the country you live in.
