TERMS & CONDITIONS

Terms and Conditions of Booking – Group Classes

Classes are run in half term blocks, varying between 5 and 8 weeks. All classes must be booked and paid for in full in advance of the start of term in order to confirm your space in the class. If you are unable to attend any classes, a refund cannot be given, and classes cannot be carried over to the next term.

If you can’t make your usual class, you are welcome to attend a replacement class during the term providing a minimum of 24 hours notice is given and there is space available in your chosen replacement class (only up to 2 times in any term).

If you need to cancel your term booking please let us know in advance and as long as the place can be filled by someone else the fee will be returned. Otherwise the fees are only refundable if the class is cancelled.

Terms and Conditions of Booking - Private Sessions

All private sessions are arranged at mutually convenient times for myself and clients. Payment must be made
in advance or on the day of the class. Please note there is a 24 hour cancellation policy for these sessions,
so in order to avoid being charged if you cannot make the session please let me know 24 hours in advance of the session.

Class Cancellation

In the unlikely event that I am unwell and unable to teach, I will do everything I can to find a suitable cover teacher. Refunds will not be issued if a cover teacher of suitable standing has been arranged. If I have to cancel a class due to illness or inclement weather, you will either be offered a refund or you can choose to deduct the fee from your next block of classes. Please ensure your contact details are up to date at all times.

Retreat Terms and Conditions

We are Emily Hayward Limited trading as Soma Pilates (“We”, “us” and “our”) of 95 British Road, Bristol, BS3 3BU. Company Number 09560014. In these Terms & Conditions references to “you” and “your” include the first-named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is transferred.

1. Our agreement

The information provided on our website, these conditions together with our Booking Form, Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us. Please read them carefully as they set out our respective rights and obligations. By making a booking, you agree to be bound by all of them. The key terms of our agreement are:-

Key terms

1. You will enter into a binding contract with us when we issue our confirmation email. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially, this will be the deposit you paid to secure your arrangements, but after you’ve paid the balance of the price of your arrangements, these charges could increase up to 100% of the cost of them;
2. You can make changes to your confirmed arrangements in certain circumstances. We will make a charge for processing these changes;
3. We may make changes to and cancel your retreat but we will provide suitable alternatives and pay you compensation in certain circumstances if we do so;
4. We are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this.

Accuracy of information and booking errors

We endeavour to ensure the accuracy of all the information and prices on our website. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 9.

Our agreement becomes binding when we issue a confirmation email. Please check all details on the confirmation email (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out. It may harm your rights if you do not do so.

The suppliers whose services make up your arrangements make those supplies in accordance with their own terms and conditions which will also form part of your agreement with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.

2. Payment

You must make payment for your arrangements in accordance with the instructions we give you. Generally, we will require receipt of a minimum £300 deposit before we issue our confirmation email. The outstanding balance must be received no later than 8 weeks before the start date of the retreat. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 7 below will become payable. In the case of international payments, you must ensure that we receive the full GBP Sterling amount. You will be responsible for all bank charges, withholding taxes, and exchange rate fluctuations.

3. Insurance

It is a condition of our agreement that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of a cancellation, medical issues, and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.

4. Special requests

Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. If we are able to specifically confirm a special request or requirement, we will do so in our confirmation email. Where requests or requirements have not been so confirmed in writing in our confirmation email, a failure to meet them will not be a breach of contract on our part.

5. Health, disabilities and medical problems

You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. You also acknowledge that you must comply with all advice and guidance issued by relevant health authorities. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip. We use information from government foreign departments and reports from local suppliers in assessing how your itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks, and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.

You understand that Pilates activities can be physically demanding. We will give you information about whether the arrangements you have chosen are generally suitable for persons with your needs. Acting reasonably, if we consider on the information you have provided that we are unable to properly accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.

6. The price you pay

The price set out on our website and Booking Form covers accommodation, food, unlimited drinking water and Pilates tuition.

We reserve the right to amend the price of unsold retreat places at any time and correct errors in the prices of confirmed arrangements.

Please note our prices do not include flights, transfers, additional food/snacks and beverages, additional excursions or any treatments at the retreat venue.

7. Changes and cancellations by you

If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. This should be sent to emily@somapilates.co.uk or posted to Emily Hayward, 95 British Road, Bedminster, Bristol BS3 3DU.

Your notice requesting a change or cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. Since we incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to charges. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you.

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than seven days before departure and you pay an amendment fee and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Charges in the event of a cancellation

In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed will apply to each person cancelling:-

•      Cancellations more than 56 days before the first day of your retreat - deposit only.
•      Cancellations 56 - 14 days before the first day of your retreat - deposit plus 50% of any further balance paid.
•      Cancellations less than 14 days before the first day of your retreat - deposit plus all other sums paid.

8. Changes and cancellation by us

Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity.

Changes and cancellations before departure

Most changes will be insignificant and we reserve the right to make them. If we make an insignificant change to the main characteristics of any retreat arrangements we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no other responsibilities to you in respect of any insignificant changes.

Occasionally, we have to make a significant change and we reserve the right to do so. A significant change is one where we significantly alter any of the main characteristics of your confirmed arrangements. If we have to make a significant change or cancel before departure, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-

Options on change or cancellation

i) (for significant changes) agreeing to the changed arrangements;
ii) accepting the cancellation or terminating the contract for the arrangements and receiving a refund (without undue delay) of all monies paid to us; or
iii) accepting an offer of alternative arrangements of comparable standard from us, if available.

You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.

We will not pay you compensation where:-

i) we choose to make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii) we cancel your arrangements no later than 20 days before they are due to start because the minimum number of participants to run them has not been reached.

We will not make a price reduction or pay you compensation, and the above options will not be available where:-

i) we make an insignificant change;
ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you;
iv) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 9.

The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.

9. Unavoidable and extraordinary circumstances

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken. These events can include but are not limited to war, the threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, pandemics or epidemics, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.

10. Complaints

If you experience difficulty during your retreat, please inform us without undue delay so that we can take steps to assist you or put things right. We cannot accept any liability whatsoever if we are not informed immediately, of any problem during your stay, in order to give us the opportunity to remedy the issues raised.

If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to us within 28 days of the end of your retreat, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect our and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.

11. Your behaviour

If in our reasonable belief or opinion your behaviour is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or your behaviour is upsetting to other guests, we reserve the right to terminate your arrangements immediately. In the event of such termination, our responsibilities to you will cease and you will be required to leave your accommodation immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.

12. Our responsibility

We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

Please note that it is a condition of our acceptance of the responsibility above that you inform us and the supplier(s) concerned without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it.

In these terms and conditions, our responsibilities are limited, and the duty to pay compensation is limited as follows:-

We will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or another claim of any description if it results from:-

(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable or unavoidable; or
(c) Unavoidable and extraordinary circumstances as set out in clause 9.

We will not be responsible, make a price reduction or pay compensation:-

a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you;
b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.

Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-

(a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions;
(b) the extent to which ours or our subcontractor’s, employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements;
(c) the deduction that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.

(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)

13. Jurisdiction and applicable law

These Terms & Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.

14. Passport, visa and immigration requirements and health formalities

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk

Up-to-date travel advice can be obtained from the Foreign, Commonwealth & Development Office, visit www.gov.uk/foreign-travel-advice

Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

15. Lost & stolen property

We will not be held responsible for any theft or loss of personal possessions whilst on the retreat. Whilst we will endeavour to ensure the security of guests’ personal possessions while at the retreat location, we cannot guarantee it. No responsibility or liability is or will be accepted in respect of such items. All clients should ensure their health and possessions are covered by personal travel insurance.

16. Photography & media

We take the data privacy of our guests very seriously and are committed to abiding by the associated governing laws. Please be notified when you book with us, you give us permission that any images or video footage taken during your retreat and shared by us, other members of your group or any media you have shared can be used for marketing purposes. You consent to us having permission to publish these photos and videos and details (including your first name, location and date) for marketing purposes including, but not limited to, on our website, social media, email marketing, promotional materials and any other marketing channel.

Last Modified: August 2023