YOUR CONTRACT IS WITH The Healthy Holiday Company Ltd (Registered number 4511292) (‘THHC’) which owns and operates the ‘destination yoga’ brand. THHC’s registered office is at Studio 8, 160 Barlby Road, London W10 6BD. ATOL number 6412.
1 . All the holidays advertised by us or promoted by third parties are sold subject to the following Booking Conditions.
2. BOOKING PROCEDURE
(a) On making a booking with us, each person travelling must accept the terms of these Booking Conditions.
(b) If the booking is made 10 or more weeks in advance payment of a non-refundable deposit of £350 will be due upon receipt of an invoice from us. The balance of the price must be paid at least 10 weeks before your departure date. 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) For bookings made within 10 weeks of the date of departure, the full payment will become due immediately upon verbal confirmation of the booking. Once payment has been made any subsequent cancellation will incur Cancellation Charges as set out in paragraph 5.
(d) Your booking is considered definite and a contract will exist between you and THHC only when a letter of confirmation has been sent to you. No contract will exist between us prior to our issuing the confirmation letter.
(e) 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 to allow for variations in transportation costs due, taxes or fees chargeable for services 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. If this means paying a surcharge of more than 10% on the previously confirmed and invoiced holiday price you will be entitled to cancel your holiday and we will refund all money paid less any premium paid for insurance and any amendment charges.
4. HOLIDAY PRICES
Our holiday prices include accommodation, all meals, and all group yoga classes, unless stated differently in your booking confirmation letter.
Our prices exclude flights, airport transfers (unless otherwise stated), travel insurance, tips, massages, excursions.
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 submitting the booking form and is communicated to us in writing. Cancellation will take effect the day such notification is received by us. As this 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.
There will be no refund available from THHC for your flight costs.
6. INSURANCE & HEALTH
WE STRONGLY RECOMMEND THAT YOU HAVE FULL TRAVEL INSURANCE TO COVER MEDICAL EXPENSES AND PERSONAL BELONGINGS.
We have arranged suitable public liability insurance that will cover you for all the activities we have arranged during your holiday. 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 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. If you experience any injury or discomfort during any activity organised for you, then you must desist 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. 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. You will need to change your flight bookings but, depending on the airline, this may not be possible 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 by you. If there is a charge by the airline for changing your tickets, you will need to pay this yourself directly to the airline.
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, 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, we will inform you as soon as reasonably possible if there is time before your departure. Whilst we do our best to ensure that the yoga teacher advertised as the teacher for a particular holiday is the one who attends, we do sometimes have to change the yoga teacher and reserve the right to do so at any time. As all our yoga teachers are of a very high standard, we consider that a change of teacher is a minor change. Should a significant change occur, 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 if it 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 war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, 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 of all monies paid.
10. FLIGHTS & YOUR FINANCIAL PROTECTION
Once you have booked and paid for your flights directly with the appropriate airline, we accept no responsibility for any subsequent changes you may wish to make to your flights as, depending on the airline, changes may not be possible. There will be no refunds made to you by us for flights you choose to cancel or not to travel on.
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 or liability.
All payments received for destination yoga holidays are safely held in an escrow account that is independently controlled and managed by Hammel Accountancy Ltd and only released to us once your holiday has commenced. Therefore you can be sure that there is no financial risk to your payment for your destination yoga holiday in accordance with our consumer protection obligations.
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).
(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 such as yoga.
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.
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. Please note that we cannot guarantee the proportion of males/females in any group, and cannot 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.
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.