YOUR CONTRACT IS WITH The Healthy Holiday Company Ltd (Company Registration Number 4511292)(‘THHC’) which owns and operates the in:spa brand. THHC has it’s registered office at Studio 8, 160 Barlby Road, London W10 6BD. ATOL number 6412.
1. All the holidays advertised or promoted by us are sold subject to the following conditions.
2. Booking procedure
(a) On making a booking with us, each person travelling must accept the terms of these Booking Conditions and pay a non refundable deposit of 50% of the total cost of the holiday per person. The balance of the price must be paid at least 10 weeks before your departure date. For bookings made within 10 weeks of departure, the full payment becomes due immediately. Any cancellation of a confirmed booking or late or non payment of the balance will carry cancellation charges as set out at clause 5 below.
(b) Your booking is considered definite and a contract will exist between you and THHC only when the deposit has been received (or, in the case of bookings made less than 10 weeks prior to departure, when full payment is required at time of booking) and a confirmation invoice is sent to you. No contract will exist between us prior to our issuing the confirmation invoice. If the balance of the price of your holiday is not paid in time, we reserve the right to cancel your holiday, retain your deposit and apply the Cancellation Charge set out in Paragraph 5.
(c) We reserve the right to increase the prices published prior to the time that you book your holiday. Any increase in price will be advised to you before you book the holiday.
We reserve the right to increase the price of your travel arrangements after you have booked to allow for variations in transportation costs, including the cost of fuel,taxes or fees chargeable for services such as landing taxes or embarkation fees at airports and the exchange rate applicable to your travel arrangements. No price increase will be made within 30 days of your departure date and in any event, we will absorb any increase which equals 2% or less of the cost of your travel arrangements which excludes any insurance premiums and any amendment charges. If this means paying a surcharge of more than 10% on the previously confirmed and invoiced holiday price you will have the option of accepting a change to another holiday if we can offer one (if this is of lower quality we will refund the difference in price) or be entitled to cancel your holiday will a full refund of all money paid less any premium paid for insurance and any amendment charges.
4. Holiday prices
Our holiday prices include accommodation, all advertised meals and group fitness and yoga classes, a personal training session, a nutritional consultation, and 2 massages, unless stated differently in your booking confirmation letter.
Our prices exclude flights, airport transfers, travel insurance, laundry and tips. Also excluded are any trips or excursions arranged by yourself whilst on holiday.
5. Cancellation by you
You (or any member of your party) may cancel your holiday at any time providing that the cancellation is made by the person who made the booking and is communicated to us in writing. Cancellation will take effect the day such notification is received by us. If you fail to pay your deposit or balance by the due date then your holiday will be automatically cancelled and the following charges will apply. As cancellation incurs administrative costs, we will retain your deposit and, in addition, may apply cancellation charges up to the maximum shown below:-
Days Before Departure Cancellation Charge
70 days or more Deposit only
30-70 days 75% of holiday cost
Less than 30 days 100% of holiday cost
Once your holiday has commenced, no refund or part refund or unused portion of your holiday will be repaid in the event of cancellation by you. If the reason for cancellation is covered under the terms of an Insurance Policy, you may be able to reclaim these charges.
Under no cirumstances will we be able to refund the cost of your flights.
Note: If the reason for your cancellation is covered under the terms of your insurance policy you may be able to reclaim these charges.
6. Insurance and health
WE STRONGLY RECOMMEND THAT YOU HAVE FULL TRAVEL INSURANCE TO COVER THE ACTIVITIES ON YOUR HOLIDAY.
We have arranged suitable public liability insurance that will cover you for accidents that occur during the activities we have arranged during your holiday that are caused by any negligence on the part of our suppliers. You need to have your own travel insurance and provide us with those details in case of emergency . You should also check with your doctor that you are sufficiently fit and healthy to undertake hiking, circuit training, yoga classes and any other physical activity we have arranged or you may arrange during your holiday. Please check with your own doctor that you are adequately fit and that any medication you may be taking does not prevent you from full participation. If you experience any injury or discomfort during any activity organised for you, then you must stop the activity immediately and advise your holiday host accordingly.
7. Amendments by you
If, after your deposit payment has been credited to our account, you wish to change any part of your holiday arrangements, or wish to change departure date, we will do our utmost to make the changes, provided that notification is received in writing at our offices from the person who made the booking, at least 10 weeks before departure. There is also an amendment fee payable of £150 per person, and any further cost we incur in making this alteration. Please bear in mind that we currently operate a select number of trips each year and can only offer places on one of the other trips when places are available. We will endeavour to change your flight bookings but, depending on the airline, this may not be possible and alteration may incur 100% cancellation charges from the airline and you may need to purchase new tickets. We are not able to offer any refund if your tickets are not able to be changed. If there is a charge by the airline for changing your tickets, we will need to take payment from you in order to cover such additional costs.
8. Amendments by us
It is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. Occasionally, changes may have to be made (e.g., to itineraries, venue accommodation, chefs, personal trainers, yoga teacher or other THHC representative or other arrangements), which we reserve the right to do at any time. Changes are normally minor and we will advise you at the earliest possible date. If your accommodation has to be changed, we will do our utmost to provide accommodation of a similar rating. If a significant change becomes necessary before departure, we will inform you as soon as reasonably possible if there is time before your departure to do so. Should a significant change occur before your departure, then provided that it does not arise through circumstances amounting to force majeure (see below), you will have the choice of either accepting the change of arrangements, booking another holiday with us, or cancelling your holiday and receiving a full refund. If you choose another holiday that is more expensive you must pay any difference, but it if is cheaper we will make the appropriate refund. In all cases, we will pay compensation as detailed below:
Period before Departure within which a Major change is notified to you Compensation per person
Up to 56 days £Nil
56-29 days £10
28-15 days £20
14-1 days £30
Day of departure £40
(a) Compensation payments will not apply if payment of your holiday has not been received by THHC by the stipulated payment date.
(b) Compensation will not be paid if THHC is forced to cancel or in any way change your holiday due to unusual or unforseeable circumstances beyond our control such as war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, epidemics and pandemics,fire, adverse weather conditions (including snow and volcanic ash), technical or maintenance problems with transport, or other circumstances which amount to force majeure.
9. Cancellation by us
THHC reserves the right in any circumstances to cancel your holiday, in which case we will offer a refund in full all monies paid. If we cancel your holiday we will pay you compensation as set out in clause 8 above.
10. Flights and financial protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate (our ATOL number is 6412). This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Once we have booked and paid for your flights, any changes to your flight ticket is subject to your agreement with the airline concerned who may decline any request for a change. There will be no refunds made to you by us for flights you choose to cancel or not to travel on. Your ticket is likely to be non exchangeable and non refundable, and if you do not arrive at the airport in sufficient time before departures, your ticket will be invalid and you will be required to purchase another ticket.
When you travel with an airline, the conditions of carriage of that carrier apply, some of which may limit liability. Your airline will be responsible for your tickets and any delay, denied boarding or any cancelled flight. Airlines liability is limited by international convention for claims for injury, delay and for lost, missing or damaged baggage. It is your responsibility to liaise with the airline in connection with any claim you may have (see below).
Our non flight holiday packages are financially protected by Affirma, a trading brand of MGA Cover Services Limited.
11. Our liability to you
(a) We accept responsibility for ensuring that the holidays that you book with us are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness (see below). However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable or unusual and beyond our control. Our liability will also be limited to a maximum of twice the price paid for the holiday (other than in cases of death or injury).
(b) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, together with our suppliers and sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of their employment in the provision of your holiday. We will, accordingly, pay to our client such damages as might have been awarded in such circumstances under English law.
(c) Optional trips booked locally are not our responsibility.
However please note the following:-
There are risks inherent with any activity holiday and with physical exercise.We strongly recommend that you consult your doctor before travel to advise on your ability to undertake strenuous exercise. You should make him and us aware of any medical condition which may affect your ability and comfort when undergoing vigorous exercise.
Our liability is limited in accordance with the Conditions of Carriage of the airline and by the Montreal Convention which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, and damage and delay to baggage
Under European Regulation 261/2004 your airline is responsible to look after you in the event of any extended delay and to compensate you in the event of denied boarding or for a cancelled flight. Full details of your rights are published at all EU airports and any right to payment by the airline does not entitle you to a refund of the holiday. If your flight is severely disrupted due to weather or other unforeseeable reasons we will assist you as far as possible in contacting your airline, and in seeking their assistance to provide support and assistance whilst awaiting a delayed flight. It is your responsibility to be aware of the airlines position during any extended delay by communicating directly with the airline concerned.
If you have a problem during your holiday, please inform a member of our team immediately, who will endeavour to put things right. If your complaint cannot be resolved locally, you must advise us in writing on your return within 28 days giving your booking reference number and other relevant information. If you do not follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights in bringing a claim against us. Please note that we cannot guarantee the proportion of male/female in any group, not be responsible for the individual behaviour of any group member or other guest at your accommodation.
13. Passports, visas and health requirements
You are responsible for ensuring that you have a valid passport and any necessary visas and any necessary or required inoculations or other health requirements. We do not accept any responsibility if you cannot travel because you do not have the correct documents to travel. If the UK leaves the EU on 29 March with ‘no deal’ the government has advised that you will need to have at least 6 months on your passport from the arrival date into the European country. You can check your passport validity here https://www.passport.service.gov.uk/check-a-passport
14. The contract
This contract is made on the terms of these Booking Conditions, which are governed by English law and the exclusive jurisdiction of the English Courts.