Your contract is with The Healthy Holiday Company Ltd, Studio 8, 160 Barlby Road, London W10 6BD. ATOL number 6142
1. All the fitscape holidays advertised 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 to allow for variations in transportation costs due, taxis 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 will a full refund of all money paid less any premium paid for insurance and any amendment charges.
4. HOLIDAY PRICES
Our fitscape holiday prices include accommodation, airport transfers with suggested flights, all meals, snacks, water, daily physical activities, use of all facilities (such as swimming pool etc.). Our prices exclude flights, personal travel insurance, tips, alcohol, all other drinks ordered from the bar, transfers from airport with flights other than those we have suggested (unless otherwise stated), spa treatments.
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.
In no case will we be responsible for refunding the flight costs of your holiday.
6. INSURANCE & HEALTH WE STRONGLY RECOMMEND THAT YOU HAVE FULL TRAVEL INSURANCE TO COVER THE ACTIVITY ON YOUR HOLIDAY.
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 the physical activity we have arranged. 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 consult a member of the fitscape team.
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. We will endeavour 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. 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, team members 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. 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 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|
|Day of departure||£40|
(a) Compensation payments will not apply if payment of your holiday has not been received by fitscape by the stipulated payment date.
(b) Compensation will not be paid if fitscape 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
fitscape reserves the right in any circumstances to cancel your holiday, in which case we will offer a refund in full all monies paid. In particular our retreats require a minimum number of at least 50% of the participants to have booked by 10 weeks before departure. If this minimum number is not reached by that date we may cancel and refund the money to you.
In no case will we cancel your holiday less than 10 weeks before the scheduled departure date, except for reasons of force majeure, or failure on your part to pay the final balance. If a cancellation occurs within 10 weeks of departure for reasons other than force majeure, compensation will be payable in accordance with clause 5.
10. Flights and your Financial Protection
Fitscape is owned and operated by The Healthy Holiday Company Ltd (ATOL 6412). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. 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.
Please note that once we have booked and paid for your flights, 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.
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 circuit training, hiking and the other activities mentioned in the Sample Programmes or on your itinerary.
• 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 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
(a) EC passport holders do not require a visa to enter Morocco, Spain and Italy; however for Morocco, please ensure that your passport is valid for at least six months beyond your date of entry. For non-EC passport holders you should enquire with the Consulate of the country or Embassy of the country you are travelling to.
(b) There are no compulsory health requirements for Morocco, Spain or Italy.
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.