Terms and Conditions

Terms and Conditions of Service

All participants must be aware of this and accept the risks associated with these activities. Personal Accident and Cancellation Insurance is highly recommended.

1) Interpretation and Definitions

In this Agreement, unless the context  otherwise requires, the following expressions have the following meanings:

“Booking”                       a Booking made by the client

with The Body Camp (TBC) as set out on the Booking Form

“Booking Form”     the Booking Form produced by

TBC to be completed by the Client upon making a Booking

“Contract”                 the contract between the Client

and TBC under which the Services are to be provided by TBC to the Client

“Client”                           the person, form or company who makes a Booking with TBC All individuals to whom the Services are provided by TBC must be a minimum age of 18 years.

“Deposit”                   an amount equal to 50%  of the total Fee.

“Fee”                            the total cost of TBC holiday.

“Force Majeure”     any act, event, omission or accident beyond TBC reasonable control including but not limited to Act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse weather, default of suppliers or subcontractors, strikes, lock-outs or other industrial disputes, failure of utility service or transport network.

“Major Change”   a change in the date, location or over 80% of the content of the Services

“Recordings”           photographs, videos or any other visual recordings taken of the Clients during the provision of the Services.

“Services”                  the services provided by TBC to the Client under the terms of the Contract and “Service” shall be construed accordingly.

Wording importing the singular meaning shall include the plural meaning and vice versa.

All wording within the booking conditions is generalised and reference to any gender includes the other genders.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

2)  Acceptance

  • A contract for the activity and / or service is made between TBC and the Client on the issue of written confirmation of booking by TBC.
  • The Contract is subject to these booking conditions which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between PBC and the client.
  • No verbal representations made by TBC shall be relied upon by the Client.

3) Booking

  • To place a booking, TBC require a 50% deposit fee. If a booking is made by telephone, email or facsimile then the Client shall be deemed to have read and fully understood these conditions and signed the declaration on the Booking Form. All bookings are provisional and are only confirmed once the deposit has cleared in TBC’s bank.
  • TBC reserves the right to decline any booking at their discretion.

4)  Fee and Payment Terms

  • The fee payable at the time of booking shall include the planning, organising and delivery of the proposed activity and /or service.
  • Once the Deposit has been paid by the Client and cleared, a contract is formed for the agreed programme to be delivered. If the Client wishes to alter any aspect of the programme additional reasonable costs may be levied by TBC at their discretion.
  • The balance of the fee is payable 8 weeks before commencement of the course unless agreed otherwise on confirmation of booking. In the event the balance is not paid TBC will have the discretion to treat the booking as cancelled by the client and re-sell the course place.
  • The whole course fee is required to secure a place for any booking made within six weeks of the commencement of the course.

5)  Responsibilities of the Client

  • The Fee does not include travel to and from the site / location at which the proposed activity and / or service shall be provided and this shall be the sole responsibility of the Client unless otherwise agreed in writing by TBC.
  • The Client is responsible for their own personal medical requirements, clothing and footwear for the duration of the activity and / or service unless otherwise agreed in writing with TBC. See the Kit List on the TBC website.
  • It is the Client’s responsibility to inform TBC in writing of any health issues that may make them unsuitable to participate in the activity and or service agreed. Failure to disclose any serious illness, injury or high dose of medication will allow TBC to reserve the right to refuse the client to partake in strenuous exercise. Such information may result inTBC terminating the Contract and withdrawing the Client from the activity and / or services without refund, notwithstanding condition 8.

6)  Variations and amendments

  • TBC reserves the right to change any price or other particulars of the Services before the contract becomes binding.
  • If there is a “Major Change” TBC shall notify the Client forthwith.TBC shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances, an alternative date, or a full refund.
  • If there is any other change other than a “Major Change” TBC is not obliged to inform the Client in advance or obliged to pay any compensation.

7)  Cancellations by the Client

  • If the client wishes to cancel the Contract they must advise TBC in writing. TBC reserve the right to move the week to an alternative date. The 50% deposit is non-refundable. If a booking is cancelled less than 8 weeks or 56 days, 100% fee is kept.
Date of cancellation Cancellation charge
Less than 8 weeks

More than 8 weeks

 

100% of the fee

50% of the fee

 

8)  Cancellations by TBC

TBC will always endeavour to fulfil confirmed bookings however do reserve the right to cancel. If TBC cancels a booking prior to the commencement of the activity and / or services the Client will be offered an alternative date, or a full refund.

9)  Assignment

  • The Contract maybe assigned by the Client to a third party subject at all times to condition 2.
  • The client is unable to assign or transfer the Contract to a third party without the prior written consent of TBC. If the client wishes to assign their contract, he or she must give notice in writing providing the full name and address and contact details of the third party. TBC shall then advise in writing as to whether it consents to the assignment as soon as is reasonably practicable.TBC reserves the right to refuse an assignment to a third party at any time without reason. If subsequently a client has to cancel due to TBC refusing the assignment to a third party then the cancellation charges in condition 7 shall apply.
  • TBC may assign or sub-contract to any third party the performance of any of its obligations under the Contract without consent of the client.

10)  Services

  • TBC reserves the right to alter the content of the Services at any time without notice to the Client due to certain factors including but not limited to the weather and physical fitness of the client.
  • Any information on our Services published by TBC for its literature and website is designed for illustrative purposes.
  • If the Client elects not to participate in any part of the Services being provided, TBC has no obligation to provide an alternative activity or service and the Client will not be entitled to a refund.
  • If TBC believes a Clients health or safety is at risk or a Client has failed to disclose any relevant health information in accordance with condition 3, TBC may at its absolute discretion make decisions affecting the Client and where necessary may terminate the Contract immediately without refund.
  • The client must refrain from any illegal act or any conduct which may give offence or cause danger or damage to any person. If TBC or any of its staff, consultants or agents, become aware of any such action, then TBC or any of its suppliers may at their absolute discretion have the Client immediately extracted from any property or facility without refund. TBC will have no liability to the Client in such circumstances.

11)  Complaints

If there is a problem during the Services, the Client must report it in the first instance to the TBC course manager or instructor. If it is still unresolved then the issue should be reported immediately to a Director of TBC, so that all efforts can be made to resolve the problem promptly and effectively. In the unlikely event that the problem cannot be resolved and the Client wishes to make a complaint then the Client must notify TBC in writing giving full details within 28 days of the end of the Services. Failure  to service notice of the complaint in accordance with the above will preclude the Client from being entitled to take any further action against TBC.

12)  Liability

  • None of the exclusions and limitations in these conditions are intended to limit any rights the Client may have under statute or common law which may not be excluded; nor in any way to exclude or limit liability to you for personal injury or death resulting from TBC’s negligence or that of its employees or agents; or for any liability incurred as a result of fraud or fraudulent misrepresentation by TBC.
  • The Client understands that attending any activity or service provided by TBC involves some level of risk. These risks include but are not limited to physical injury or even death. By attending any activity or service provided by TBC the Client agrees to assume these risks and agrees to release and discharge PBC and its directors, employees and agents from any and all claims for liability.
  • Neither TBC nor any of its directors, employees or agents will be liable for any loss or damage to any personal property or vehicle belonging to the Client during the course of their stay at the TBC villa/holiday.

13)  Media

  • TBC reserve the right to take any recordings of the Client during the activity and /or services and the Client accepts that all rights whatsoever arising in the recordings shall by solely owned by TBC.
  • The Client accepts and agrees that any recordings may be used by TBC at its absolute discretion in any manner including but not limited to its website, promotional material and advertisements.

14)  Copyright

TBC reserves all copyright which may subsist in the products of, or in connection with, the provision of all activities, services or facilities. TBC reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.

15)  Law and Jurisdiction

These terms and conditions shall be governed and construed in accordance with English and Welsh law and the parties shall submit to the non- exclusive jurisdiction of the English and Welsh courts.