SHEE RETREATS LTD TERMS AND CONDITIONS

 

BACKGROUND:

 

These Terms and Conditions apply to all bookings made by consumers (“you” or “your”) with Shee Retreats (“We”, “Us”, “Our”). By booking a retreat or any coaching or associated services with Us, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully before making a booking.

 

1.             Definitions and Interpretation

1.1          In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day”

means any day other than a Saturday, Sunday or bank holiday;

“Coaching Services”

means any group or 1:1 coaching sessions provided during or outside a retreat either in person or remotely;

“Consumer”

means a person booking a retreat or services wholly outside of any business, trade or profession;

“Contract”

means the contract governing your booking for a Retreat or the provision of services, as explained in Clause 3;

“Deposit”

means a non-refundable payment made to Us under sub-Clause 2.2;

“Optional Extras”

means additional services or activities, such as but not limited to, acupuncture, excursions, or alcohol, arranged separately;

“Price”

means the price payable for the Retreat or Coaching Services;

“Retreat”

means a yoga and wellness retreat organised by Us;

“External Providers”

means third-party instructors, guides, or practitioners delivering services at the Retreat;

“We/Us/Our”

means Shee Retreats Ltd a company registered in England under company number 16472057 with a registered address of Melita House, Quarry Hill, Corsham, SN13 8LP; and

“Web Conferencing App”         

means a facility to enable remote Coaching Services to take place over the internet by a cloud based conferencing platform.

 

1.2          Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.

2.             Booking, Payment and Retreat Information

2.1          Bookings will be made by you contacting Us directly and shall be in accordance with these Terms and Conditions.

2.2          You will be required to pay a non-refundable deposit to secure your booking for a Retreat details of which will be displayed on Our website or in any communication you receive from Us. The balance will be payable in two instalments, with the final payment due no later than two months before the Retreat start date. If you are booking Coaching Services payment shall be required in full in advance, unless agreed otherwise in writing, as detailed on Our website or in any communication We send to you.

2.3          Where We agree to accept payment of a Retreat by instalments, you remain legally committed to pay the full Price. If any instalment is missed or late, the full outstanding balance shall become immediately due and payable. Payment by instalments is offered for your convenience only and does not affect your obligation to pay the total Price in full.

2.4          All payments for a Retreat are non-refundable once made unless We cancel the Retreat (see Clause 4).

2.5          Payment for Coaching Services must be made in full at the time of booking unless otherwise agreed in writing. Coaching Services may be booked as:

a)         One-off group sessions; or

b)         A package of group or 1:1 sessions.

2.5           All payments made by you shall be by bank transfer to the account detailed on any invoice We send to you or as otherwise agreed in writing.

2.6           If you do not make any payment to Us by the due date, We will charge interest on the overdue amount at a rate of 8% per year above the Bank of England base rate, calculated daily from the due date until the date of payment; and:

2.6.1       Suspend your Retreat booking or Coaching Services until full payment has been received; and

2.6.2       Cancel your booking if payment is not received within 7 days of Us notifying you of the overdue amount.

2.7           Any interest charged will not exceed the maximum permitted by law. If you have any difficulties making payment, please contact Us as soon as possible so We can discuss suitable options.

2.8           Each Retreat requires a minimum number of confirmed bookings in order to go ahead. If We have not received the minimum number of confirmed and fully paid bookings by 12 weeks before the Retreat start date, We may cancel the Retreat. If We cancel a Retreat for this reason the refund provisions at Clause 4 below shall apply.

2.9           We will not be responsible for any costs you have incurred for travel, insurance, or other arrangements made in connection with the Retreat, and We strongly recommend that you arrange appropriate travel insurance to cover this risk.

2.10        The meals and refreshments provided during the Retreat will be as described in the Retreat information we send you before your booking is confirmed. Unless stated otherwise, your Retreat Price will normally include daily brunch, dinner, and a small light snack, in line with the Retreat itinerary. Any additional food or drinks, including meals outside those detailed in the itinerary or other information We provide you or purchased from the Retreat venue are not included in the Retreat Price and will need to be paid for separately.

3.             The Contract

3.1          These Terms and Conditions govern the sale and provision of a Retreat or Coaching Services by Us and will form the basis of the Contract between Us and you.  Before submitting an order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2          Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at our discretion, accept.

3.3          A legally binding contract between Us and you will be created upon Our acceptance of your order, indicated by us confirming your booking by email in writing. 

3.4          We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1      The main characteristics of the Retreat or Coaching Services;

3.4.2      Our identity (set out above in Clause 1 above) and contact details (as set out below in Clause 11);

3.4.3      The total Price of your booking including taxes;

3.4.4      The arrangements for payment of your deposit, instalments or any other payments you are required to make to secure your booking of a Retreat or Coaching Services; and

3.4.5      Where applicable, details of Optional Extras you have purchased.

4.             Cancellations and Refunds

4.1          If you cancel a Retreat booking the following shall apply:

4.1.1      If you cancel your Retreat booking, all payments (including deposits) are non-refundable.

4.1.2      If We cancel a Retreat due to low bookings in accordance with sub-Clause 2.8 above, unforeseen circumstances, or events outside our control, you may choose between a full refund or transferring your booking to a future retreat.

4.1.3      Retreat bookings fall under the “leisure services” exemption in the Consumer Contracts Regulations 2013. This means that the standard 14-day cooling-off period does not apply where bookings are made for specific dates.

4.2          If you cancel or reschedule your Coaching Services the following shall apply:

4.2.1      You have the right to cancel within 14 days of booking and receive a full refund, unless you ask us to start providing the coaching within that period.

4.2.2      If you request to begin your coaching sessions within the 14-day cooling-off period, you will be asked to confirm in writing that you understand and agree that your right to cancel ends once the sessions begin.

4.2.3      If you cancel after the cooling-off period has expired, or after your sessions have started, no refunds will be provided.

4.2.4      If We cancel your coaching session(s) for any reason, you will be entitled to a full refund or, where possible, the option to reschedule as detailed below.

4.2.5      If you request to reschedule any 1:1 coaching session(s) for any reason you shall provide us with 48 hours’ notice to a date that is not more than 30 days from the originally agreed session(s). You shall only be permitted to reschedule a coaching session once. If you do not provide us with 48 hours’ notice or you request to reschedule the same coaching session more than once this will be treated as a cancellation and you will forfeit the fee for that session(s).

4.2.6      If your request to cancel a group coaching session falls outside of the 14-day cooling off period you shall not be entitled to a refund and rescheduling is not permitted for any group coaching sessions due to the nature of the format and regularity of such sessions.

4.3          If an event occurs that is outside Our reasonable control as described in Clause 8 and it significantly affects Our ability to deliver the Retreat or Coaching Services as planned, We will inform you as soon as possible. If this happens, you may choose to:

4.3.1      Transfer your booking to another retreat or coaching session (subject to availability); or

4.3.2      Request a full refund of any payments made.

4.4          If We decide to cancel a Retreat or Coaching Session due to an event which is outside Our reasonable control as described in Clause 8, We will contact you in writing to advise you of Our decision. In such circumstances We will arrange a full refund of the Price you have paid within 14 days or you can choose to transfer your booking to another retreat or Coaching Session.

5.             Your Obligations

5.1          You must complete and return our health questionnaire before attending a retreat. If We do not receive your completed questionnaire within 14 days of your booking, We will send you a reminder, if you haven’t sent Us the questionnaire within 7 days after that We may cancel your booking to make the space available to someone else. If this happens, We will notify you in writing.

5.2          You are responsible for ensuring that you are physically and mentally fit and able to participate in all activities included in the Retreat or Coaching Services. By making a booking, you confirm that you have considered your own health and fitness and that you are not aware of any reason why you should not take part.

5.3          If you are unsure about your ability to participate safely in yoga sessions, coaching, or any other activities or Optional Extras, We strongly recommend that you seek advice from your GP or another qualified healthcare professional before booking.

5.4          By attending a Retreat or booking Coaching Services, you accept full responsibility for your own health and wellbeing. We are not qualified to provide medical advice and We cannot accept liability for any injuries, illnesses, or health issues that arise as a result of your participation, unless caused by Our negligence.

5.5          You shall be responsible for arranging your own travel, flights and transfers to a Retreat. We may recommend transport options, such as local taxi services, airport transfers, or car hire companies, to assist you in planning your journey. However, any arrangements you make with third-party transport providers are entirely your responsibility. We are not responsible for the quality, safety, reliability, or availability of any transport you choose to book, and We accept no liability for delays, cancellations, or missed connections.

5.6          You must let us know before making your booking if you have any medical conditions, injuries, allergies, dietary requirements, or if you are pregnant. This information will also need to be provided in the health questionnaire referred to in Clause 5.1.

5.7          We are not responsible or liable for delays, missed flights, or changes to your travel arrangements.

5.8          We recommend you obtain comprehensive travel insurance, including cover for cancellations, illness, personal belongings and any other relevant coverage you require.

5.9          If you book onto a Retreat as an individual, you may be required to share a room with another guests of the same sex. All rooms provided will have private en-suite bathrooms unless otherwise stated. If you wish to book a private room, please contact Us in advance to confirm availability and any additional cost.

5.10       We will be present at the Retreat for its full duration and available to assist with any questions or concerns you may have. However, We are only available during scheduled itinerary times, which will be provided to you in advance. Outside of these times, you are responsible for managing your own activities, meals, and personal arrangements.

5.11       Depending on the venue, alcohol may be available to purchase during the Retreat. Where alcohol is offered, any drinks you consume are not included in the Retreat Price and must be paid for separately. Information will be provided to you either before or during the Retreat. At some Retreat venues, a private bar may operate, and payment will need to be made directly to the venue. We will confirm the specific arrangements for alcohol at your Retreat in advance.

5.12       We expect all participants to behave respectfully towards other guests, staff, and the venue at all times. Excessive alcohol consumption, disruptive behaviour, or the use of illegal drugs will not be tolerated. If, in Our reasonable opinion or that of the venue, your behaviour is unsafe, inappropriate, or negatively affects the experience of others, We reserve the right to:

5.12.1   Ask you to leave the Retreat immediately; and

5.12.2   Refuse you entry to further activities; and

5.12.3   Recover from you any costs We incur as a result of your behaviour.

5.13       If you are removed from the Retreat due to alcohol misuse, drug use, or unacceptable conduct, you will not be entitled to any refund of fees already paid, and you will be responsible for any costs associated with leaving the Retreat early.

5.14       As part of a Retreat, you may learn personal information about other attendees. By joining the Retreat, you agree to respect the privacy of all participants and not to share any personal information, discussions or experiences outside the Retreat environment without Our prior written consent.

5.15       You are responsible for bringing suitable clothing and footwear for yoga and any other Retreat activities. We recommend wearing comfortable, non-restrictive clothing that allows you to move freely. All yoga equipment, including mats, blocks, straps, and bolsters, will be provided by Us unless stated otherwise in your Retreat information. If you prefer to use your own equipment, you are welcome to bring it at your own risk.

6.             Provision of Coaching Services

6.1          You confirm, in instructing Us that your involvement will be key in achieving any desired results. You are responsible for taking action and solely responsible for creating and implementing decisions and taking action to achieve the desired results. Accordingly, We are unable to make any warranty or representation and give no undertaking that any result will be brought about as a result of the Coaching Services.

6.2          We shall not be liable for any defects caused by third party programs or software that may be used in the course of carrying out the Services. This includes, but is not limited to, any Communication Platform used to facilitate the Services.

6.3          The Coaching Services will be performed to Our best endeavours to ensure you make satisfactory progress. Results will depend on various factors, including, but not limited to, whether or not you attempt or complete any tasks assigned before, during or after the coaching, your aptitude, attitude, previous experience, and existing knowledge and skills. Satisfactory progress cannot be guaranteed, and We cannot make any guarantee that a particular result will be brought about as a result of you taking part in any coaching.

6.4           You will advise Us of any special physical, medical, mental health, psychological, emotional, or other requirement, problem or condition of which you are aware which might be relevant prior to receiving the Coaching Services. We reserve the right to refuse to provide Coaching Services to you if there is a determinable risk, whether significant or not.

6.5           You are responsible for any expenses We incur in attending any in-person session. This includes, but is not limited to, travel expenses, subsistence, and accommodation. Such expenses will be notified to the Client prior to the scheduled session time

6.6           For Group Coaching the following shall apply     

6.6.1      You understand that you will not receive personalised tailored coaching or guidance. Any information provided is for general purposes only and it will be for you to decide whether you choose to make use of or implement the same.

6.6.2      You are advised not to share any information you do not wish to be made public. Anything shared by you in any group coaching sessions will not be subject to any confidentiality obligations.

6.6.3      We reserve Our right to remove you from any coaching session, if in Our reasonable opinion your conduct amounts to unacceptable behaviour, or such behaviour may be, in Our opinion, harmful to Us or any other attendee present. In the event that such removal disrupts the group coaching session and it can no longer take place you will not be entitled to any refund for the lost time or session(s).

6.7          For remote Coaching Services the following shall apply:

6.7.1      We shall not be liable for any defects caused by third party programs or software that may be used in the course of carrying out the Coaching Services. This includes, but is not limited to, any Web Conferencing App used to facilitate the Coaching Services.

6.7.2      Sessions will take place using the Web Conferencing App specified in the appendix to these Terms and Conditions. Where Coaching Services are delivered through this method, the additional terms set out in the appendix shall also apply.

6.8          The following intellectual property rights shall apply to all Coaching Services:

6.8.1      We shall retain the ownership of any and all intellectual property rights that may subsist in the Coaching Services and any materials provided to you by Us. We shall be deemed to automatically grant a royalty-free, non-exclusive, non-transferable, revocable licence of any and all such rights to you to use the same in accordance with the terms of the Contract.

6.8.2      In agreeing to these Terms and Conditions, you consent for Us to use, for marketing purposes, your name and any testimonial you have given Us. Such marketing consent includes, but is not limited to, for portfolio purposes, case studies, printed material, on Our social media account and Our website.

7.             Our Liability

7.1          We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

7.2          We provide a Retreat or Coaching Services for domestic and private use (or purposes).  We make no warranty or representation that any of Our services are fit for commercial purposes of any kind.  By making booking a Retreat or Coaching Services, you agree that you will not use these services for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

7.3          We are not liable for the quality or outcomes of services provided by third parties unless We have contracted with them directly to provide services to you. Optional Extras, unless stated otherwise, are payable directly to the provider and are not included in the Price.

7.4          Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

7.5          Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform any services with reasonable care and skill or in accordance with information provided by Us about the services or about Us.

7.6          Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

8.             Events Outside of Our Control (Force Majeure)

8.1          We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

8.2          If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

8.2.1      We will inform you as soon as is reasonably possible;

8.2.2      Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

8.2.3      We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of a Retreat or Coaching Services as necessary;

8.2.4      If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 4.3;

8.2.5      If the event outside of Our control continues for more than 8 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 4.4 and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

9.             Communication and Contact Details

9.1          If you wish to contact Us with questions or complaints, you may contact email Us at: hello@shee.uk

9.2          In certain circumstances you must contact Us in writing.  When contacting Us in writing you may use the following methods:

9.2.1      Contact Us by email at hello@shee.uk; or

9.2.2      Contact Us by pre-paid post at Melita House, Quarry Hill, Box, Corsham, SN13 8LP.

10.          Complaints and Feedback

10.1       We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

10.2       If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the services, please contact by email to: hello@shee.uk

11.          How We Use Your Personal Information (Data Protection)

For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from https://www.shee.uk/privacy-cookies-policy

12.          Other Important Terms

12.1       We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

12.2       You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

12.3       The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

12.4       If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

12.5       No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

13.          Governing Law and Jurisdiction

13.1       These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

13.2       As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 13.1 above takes away or reduces your rights as a consumer to rely on those provisions.

13.3       Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.