Last updated: 7 April 2023

1.     BACKGROUND:

These Terms and Conditions are the standard terms and conditions for the provision of Retreat Services by The Well Movement Limited, a private limited company registered in England and Wales under company number 14762781 with its registered address at 86-90, Paul Street, London EC2A 4NE, trading as ‘Elevate.’ – “we”, “us, “our”.

These Terms and Conditions, and any other applicable terms and conditions referred to at the time of Booking, contain important information concerning participation by you and anyone else for whom you make a Booking in our Retreat Services.  When you make a Booking through us you are confirming that you and anyone else for whom you make the Booking are aware of and accept these Terms and Conditions and any other terms and conditions referred to at the time of Booking. Please read them carefully.

2.     DEFINITIONS AND INTERPRETATION:

To make it easier to read these Terms and Conditions there are a number of further definitions which we use:

• “Balance” means the remainder of the Booking Fee, minus the Deposit paid (if applicable).

• “Booking” means your request to reserve a place on a Retreat;

• “Booking Confirmation” means our acceptance and confirmation of your Booking as described in Clause 8;

• “Booking Fee” means the total fee payable by you for our Retreat Services;

• “Deposit” means the non-refundable initial portion of 50% of your Booking Fee;

• “Practitioner” means a qualified practitioner providing or running certain Retreat Activities;

• “Retreat Activities” means any activities provided as part of the Retreat Services, including but not limited to physical training sessions, yoga, coaching, mindfulness and nutrition-related sessions;

• “Retreat Premises” means the location(s) where Retreat Services will be provided;

• “Retreat Services” means the provision of accommodation, food, Retreat Activities, and all other facilities, services and items offered by us at the time of Booking;

• “Site” means our website at www.howweelevate.com.

3.     CONTRACT AND BOOKING

The guest making the Booking agrees that they are authorised to make this Booking on behalf of all persons who shall be using the Retreat Services, that they and all persons using the Retreat Services are over 18 years of age, and agrees to take full responsibility for the payment of any Booking Fees or other sums due for all participants under the Booking.

No Bookings are valid until you receive a Booking Confirmation from us in writing (including by email) and either the Deposit or full payment of the Booking Fee has been received by us (as applicable and as described in Clause 8).

4.     USE OF RETREAT PREMISES

You agree that you will only use the Retreat Premises for the purpose of participating in Retreat Services and not for any other purpose. 

Excepting reasonable wear and tear, you shall be held responsible and liable to compensate us for any damage you cause to any of Retreat Premises, facilities and/or property during your participation in our Retreat Services.

5.     MEDICAL AND HEALTH

If you have any medical conditions that may make you unsuitable to participate and/or impact on your participation in our Retreat Services, you are required to notify us of these prior to Booking. 

Please be aware that while we make every effort to cater for disclosed dietary requirements, we cannot guarantee that food can be prepared without traces of allergens.

You recognise that we are not able to provide you with medical advice and are recommended to consult with your doctor before beginning any Retreat Activity including but not limited to any Retreat Activity involving exercise.

If we believe that your health or safety is at risk or if you fail to disclose to us any illness, injury or any other medical or health reason that could impact on your ability to participate in our Retreat Activities, this could result in our refusal to allow you to participate in the Retreat Activities.

Subject to any prior notification to the contrary in writing by you to us, you confirm that you are in good mental and physical health and are not aware of any reason why you may be unable and/or unsuited to participating in our Retreat Activities and/or may be likely to suffer illness or injury during participation in our Retreat Activities.

Whilst all measures are taken to ensure a high standard of health and safety, our Retreat Premises can be located on land that is uneven and we shall not be responsible for any injuries caused by uneven terrain.

We ask that women who are 12 to 28 weeks pregnant provide a letter from their health practitioner specifying that they are fit to travel and able to engage in the Retreat Activities that we provide.

6.     OUR LIABILITY

You understand that participating in any Retreat Service involves some level of risk. These risks include but are not limited to physical injury or even death. By participating in Retreat Services, you agree to assume these risks and you acknowledge that you participate voluntarily in the Retreat Services.

We will not be responsible for any loss or damage for any loss or damage to personal property or vehicle belonging to you or used by you during the provision of Retreat Services.

None of the exclusions and limitations in these Terms and Conditions are intended to limit any rights you may have under statute or common law which may not be excluded, nor in any way to exclude or limit our liability to you for personal injury or death resulting from our negligence, fraud or fraudulent misrepresentation, or that of our employees or agents.

7.     WAIVER

You agree to sign a waiver with us and/or the Retreat Premises before you start to receive Retreat Services.

You may also be asked to sign a disclaimer on arrival or at the time of Booking.

You agree that, insofar as is legally permissible, you surrender your right to any cause of action against us, our Practitioners, or the Retreat Premises, our/their agents, contractors, employees and directors, arising from any loss or damage to any person or property that occurs during the provision of Retreat Services, up to and including death.

8.     RATES, PAYMENT TERMS AND OUR CONTRACT WITH YOU

We make details of rates - including, where applicable, promotional rates and other special offers - available on our Site, in our brochures, email correspondence, newsletters, social media campaigns and in person.  Any special rates will be valid only for the period advertised.  Bookings placed during this period will be accepted at the advertised rate even if we do not accept the Booking until after the period has expired.

When you make a Booking and we quote any rate(s), the rate(s) will apply only to the provision of the specific Retreat Services mentioned within the quote unless we specifically state otherwise.

Additional charges may apply for other Services including, but not limited to, massage or other beauty treatments, individual sessions with Practitioners, supplemental wellness classes or entertainment facilities.  We will inform you of rates payable for such additional Services on request in advance.

We require a 50% Deposit to reserve the date(s) for Retreat Services, with the Balance to be paid in full, no less than two months prior to the start or arrival date of the Booking.  If the Booking is within two months of the start or arrival date, 100% of the Booking Fee is to be paid upfront.  No legally binding contract between you and us will come into effect until the Deposit or Balance (as applicable) is received in cleared funds and you receive our Booking Confirmation. Up until this point, rates for our Services are subject to change without notice.

Failure to make payment of the Balance within the time specified at the time of Booking will result in your space on the Retreat being released and made available for rebooking, and all Deposits paid to date will be lost. 

All Bookings are non-refundable and non-transferable.

9.     MODIFICATION AND CANCELLATION

By us:

Once you have made a Booking, we try our best not to modify or cancel your Booking, but we reserve the right to do so. If we cancel your Booking prior to the commencement of our Retreat Services for reasons other than Force Majeure (in which case applicable terms are set out in Clause 10), you will be offered the choice of an alternative date or a full refund. Any cancellation will always be notified to you in writing.

We further reserve the right at any time in our sole discretion after the commencement of Retreat Services to terminate your contract and your participation in our Retreat Services without any refund if you behave in an unlawful, abusive or disruptive manner during the provision of Retreat Services.

By you:

You may request a change to your Booking at any time up to four calendar weeks before we begin providing the Retreat Services to you by contacting us in writing. However, we are not under any obligation to accept any changes to your Booking and any changes you request will be at our sole discretion and are strictly subject to availability and the payment by you of any additional applicable fees which we will notify you of in writing when we receive your request to change your Booking.

If you cancel your Booking, no refund shall be made to you of any part of your Deposit or the Balance already paid by you.  We will make a reasonable effort to refund any fees for additional Services paid by you prior to cancellation, subject to any applicable third party terms or deductions.

If you do not provide us with any notice of cancellation and do not attend to participate in our Retreat Services, you remain liable for 100% of the Balance.

10.     FORCE MAJEURE

A Force Majeure Event means an event beyond our reasonable control, including but not limited to: strikes, lock-outs or other industrial disputes, government lockdowns or forced closures, failure of a utility service or transport network, act of God, sickness, pandemics, nuclear radiation, biological circumstances, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or other adverse weather conditions or default of third parties.

We shall not be liable to you as a result of any delay or failure to perform our obligations as a result of a Force Majeure Event.

In the event of a Force Majeure Event and if the Booking cannot go ahead on the date(s) planned then we will offer a number of alternative dates from which you may select and if you fail to select any of these dates then no refund will be payable.

These dates may be in other times of year and at any point in the week. Even if there is a difference in published fees between the original date and the offered alternative dates, the difference will not be refunded, who will still be liable for the full original cost.

In the event of a Force Majeure Event, we may in our absolute discretion cancel your Retreat, in which case any money paid to us by you, shall be fully refunded.

11.     INSURANCE AND TRAVEL

We strongly recommend that you organise insurance with comprehensive personal accident and cancellation insurance that covers our Terms and Conditions, particularly those regarding amendment or cancellation charges, and that such insurance is purchased at the time of your Booking.  You acknowledge that we are not to be held liable if your failure to arrange suitable insurance coverage leaves you exposed, medically, financially or otherwise.

Further, we accept no responsibility for delayed, missed or cancelled flights, buses, ferries, transfers, or any other modes of transportation required by you to get to your Booking with us, or any other activity or event in connection with or relating to your Booking with us.

12.     PROBLEMS WITH THE SERVICES AND YOUR LEGAL RIGHTS

We always use reasonable efforts to ensure that our provision of the Retreat Services is trouble-free. If, however, there is a problem with the Retreat Services we request that you inform us as soon as is reasonably possible and (unless exceptional circumstances prohibit you from doing), by no later than 28 days following our provision of the Retreat Services to you.  Please note that if you fail to notify us of your concern/complaint within this time-frame, this will prejudice our ability to resolve your problem and/or investigate your concerns fully and could result in the rejection of your complaint.

To make a complaint or raise any concern, in the first instance if you are still participating in Retreat Services, please inform a member of staff and then if the problem is not resolved within a reasonable time, please report it in writing to us at info@howweelevate.com.   We will fully respond to you within 14 days.

As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If we do not perform the Retreat Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Retreat Services are not performed in line with information that we have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if our breach concerns information about us that does not relate to the performance of the Retreat Services), you have the right to a reduction in price. 

If for any reason we are required to repeat the Retreat Services in accordance with your legal rights, we will not charge you for the same and we will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full fee and, where you have already made payment(s) to us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.

13.     HOW WE USE YOUR PERSONAL INFORMATION

All personal information that we may use will be collected, processed, and held in accordance with the provisions of Retained Regulation (EU) 2016/679 (“UK GDPR”) and the Data Protection Act 2018 (“DPA 2018”)

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 the Privacy Notice on our Site.

14.     OTHER IMPORTANT TERMS

We may transfer (assign) our obligations and rights under these Terms and Conditions 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.

You may not transfer (assign) your obligations and rights under these Terms and Conditions without our express written permission.

The contract concluded on these Terms and Conditions 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.

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.

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.

These Terms and Conditions can only be varied by prior written agreement between you and us.

We reserve the right to take any photographs or recordings of you during the provision of our Retreat Services and you agree that all rights whatsoever arising in the photographs or recordings shall be solely owned by us. Further, unless you confirm your objection to us prior to the commencement of the Retreat Services, you accept and agree that any recordings may be used by us at our absolute discretion in any manner, including but not limited to our Site, social medial, promotional material and advertisements.

We reserve all copyright which may subsist in the products of, or in connection with, the provision of all our Retreat Activities. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.

15.     GOVERNING LAW AND JURISDICTION

These Terms and Conditions 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.

As a consumer, you will benefit from mandatory statutory rights and nothing in these Terms and Conditions takes away or reduces your rights as a consumer to rely on those provisions.

Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.