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Terms & conditions

E-Active Retreats | 11.2015

E-Active Retreats trades under E-Active Retreats LTD | Company Nr. | having it’s registered office address at 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM. The following terms and conditions outline what you can expect from us when you book accommodation, packages or any other offered products with us.

1. Accommodation booking

All bookings are subject to conditions and charges for any booking changes. Anyone making a booking for himself and/or on behalf of others you shall:

  • be over the age of 18 years at the time of booking and possess the legal capacity and authority to book as the lead name
  • Insure that you and all other members of the party (including infants and children) are adequately insured
  • Insure that you and all other members of the party (including infants and children) are adequately insured
  • Insure that any person who is under the age of 18 years is companied by an adult while staying at the accommodation
  • Be responsible for insuring the accuracy of the personal details or any other information supplied on the booking
  • Be responsible for passing on any information regarding the booking or any changes made to all persons on the booking
  • Accept these terms and conditions on behalf of all persons staying at the accommodation

There may be restrictions and conditions on some offers which are explained in the details of these offers.

2. Booking process

When you wish to confirm your booking we will send the confirmation to you for your chosen accommodation.

If any information on the confirmation is incorrect you must inform us immediately. If there is an obvious error on the confirmation we reserve the right to correct it as soon as we become aware of it and we will do this within 7 days of issuing the confirmation invoice or if your date of arrival in the accommodation is within 7 days no later than 24 hours before the date.

If any of these changes are material and are not acceptable to you, you will be entitled to a full refund.

We are entitled to rely on the authority of the person making the booking to acting behalf of the other persons on such bookings.

The terms and conditions do not affect your statutory rights and we reserve the right to change the booking terms and conditions at any time.

The terms and conditions constitute the entire agreement and understanding between us and the lead name in relation to their subject matter. If you do not agree to these terms you may not book accommodation with us.

A legally binding contract will be formed when we send you the booking confirmation with your booking reference by e-mail or by post (when booking over the telephone). We recommend that you take note of your booking reference as you will need it to check in at the accommodation and for any enquires.

Please not that we can only check in the persons named on the official booking confirmation.

3. The price you pay

All prices which we advertise are accrued at the date published, but we reserve the right to change any of these prices from time to time. Prices can go up or down. We will be able to tell you the up to date price of your chosen accommodation advertised by us before confirming your booking.

We reserve the right to increase or decrease prices at any time without notice. In the event that a price decreases after you have made your booking we are unable to refund any difference between the price paid and any lower price which may subsequently become available.

We reserve the right to increase the price of your accommodation after you have booked but no later than 30 days before the arrival date and we will forward an amendment-invoice reflecting any changes made. After a confirmation invoice has been sent to you any increase to your accommodation price will be as a result of the changes and our costs of supplying your accommodation resulting from currency fluctuations and government action.

4. If we cancel your booking

We aim to provide your accommodation as booked. We reserve the right to cancel your booking in any circumstances but if we cancel your booking, except where this is because you have not paid, you can either have a full refund or accept replacement accommodation from us of equivalent or closely similar standard and price (if one is available). Should you choose this option we will always refund the difference in price if the replacement accommodation is of a lower standard and price. Other than in the case of non-payment, we will not cancel your booking less than 12 weeks before you go, unless this is the result of an event that is out of our control such as war, threat of war, riots, civil disturbances, terrorist activity, industrial disbuds, natural and nuclear disasters, fire, epidemics, health risks, hurricanes and other actual or potential severe weather conditions, and any other similar events.

5. If we change your booking details

As the accommodation is reserved many months in advance we sometimes require to make changes. We reserve the right to do this at any time. This can include the choice of a replacement accommodation however the terms and conditions of your booking will not change and these conditions will still apply to your booking. We will let you know about any important changes when you book. If you have already booked we will let you know as soon as we can if there is time before your planned arrival date at the accommodation.

6. Our responsibility for your accommodation booking

We will arrange for you to receive the facilities that make up the accommodation that you choose and that we confirmed. We are responsible for making sure that each element of the accommodation you book with us is provided to a reasonable standard and was advertised by us (or as changed and accepted by you).

We have taken all reasonable care to make sure that the accommodation you have booked with us is provided by an efficient and reputable supplier. This supplier should follow local standards however oversea safety standards are generally lower than in the UK. For example few hotels yet meet EC fire safety recommendations even in Europe.

7. Personal injury

This section covers injury, illness or death while you are staying at the accommodation that we have booked for you. We have no direct control over the way our suppliers maintain and operate their properties but everyone employed or contracted by us or by our suppliers is expected to carry out their duties in accordance with excepted standards of behaviour. If they do not carry out their duties in accordance with excepted standards of behaviour (or at all) and that fault results in your injury, illness or death we may make a payment to you. We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care. We will not make any payment if your injury, illness or death was your own fault. If we do make a payment it will be similar to one you would receive under English law in an English court.

We will make such payments for injury, illness or death on the bases that you are expected to accept that:

  • You must tell us and the supplier involved about your injury or illness while you’re in the resort (see section 10) You should also inform us in writing at our address within 3 months in order to allow us to investigate it properly and cooperate with us so as to enable us to carry out such investigation
    Please include a letter about your injury or illness from your doctor if you can
  • You should transfer to us any rights you have against the supplier or any other person
  • You should cooperate fully with us if we or our insurers want to inforce those rights
  • Any payments we make may be limited in accordance with international conventions. We ask you to transfer your rights to us so that we can claim back from suppliers any payments we make to you plus any legal or other costs

Your agreement with us

8. Your contract

By asking us to confirm your booking you are accepting that the terms of this agreement constitutes the entire agreement between us with regard to your accommodation. You also consent to our processing of personal information about you and other members of your party. Your contract with us shall be governed by and construed in accordance with the law of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with your contract with us. You may however choose to summit to the law and jurisdiction of Scotland or Northern Ireland if you are resident in either of these jurisdictions but not to any other law and or jurisdiction.

9. Paying for your accommodation booking

You will be required to pay 100% of your accommodation price before we can confirm your booking. If payment is not received, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total on that last invoice. If payment for your booking is made by credit card a fee will apply. Please check fee at the time of booking. Telephone bookings may incur an additional charge – please check at the time of booking.

Should you instruct your credit- or debit Card Company to “charge back” any payment properly due from you in respect or your booking, we will charge you a fee of 10 pounds per incident and associated costs. We further reserve the right to cancel your booking and/or legal action against you for all outstanding payment(s).

10. If you change or cancel your booking

You must insure all names and details are entered correctly at the time of booking. You will receive an invoice once your booking is confirmed and must contact us straight away if there is something that you need to correct or if you don’t receive an invoice within 7 days of confirming your booking.
Changes and cancellations to all or part of a booking are subject to amendment in cancellation fees so that we can cover the costs of processing your cancellation and to compensate us for the risk that we may not be able to resell your accommodation. You are responsible for paying this charge. The size of the charge depends on when we receive your notification – please see the table below as a guide to charges. When changing your accommodation the price of your new arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking. Some accommodation is prized according to the number of people staying there. If your party size changes we will recalculate you’re booking cost based on the new number of people going. If fewer people share the accommodation then the cost per person may go up. This extra cost isn’t a cancellation charge and isn’t normally covered by insurance. Some arrangements cannot be removed once they have been added to your booking. These include transfers, accommodation options such as room/board upgrades and late check out rooms.

Changes 49 days or more to departure 48-29 days to departure 28-15 days to departure 14-0 days to departure
Change name, passenger or passenger type 50 pounds per person 50 pounds per person 90% of the original cost 100% of the original cost
Change accommodation, date and/or duration 70% of the original cost 70% of the original cost 90% of the original cost 100% of the original cost
To cancel your hotel 50% of the original cost 100% of the original cost 100% of the original cost 100% of the original cost

Once we receive your request to change or cancel your booking, you should expect to receive an updated invoice within 7 days. If you do not then please contact us.

11. If you have a complaint

If you have a complaint about your accommodation whist away you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately you should contact us straight away and we will endeavour to assist. If you are still not satisfied you must write to us within 28 days of leaving the accommodation to allow your complaint to be investigated properly. Please write your booking reference and name on your letter and include your daytime and evening telephone numbers. If you do not give us the opportunity to resolve any problem locally by reporting it to the accommodation supplier or calling and informing us then we may not be able to deal positively with any complaint that you make to us in writing.

12. Your conduct towards staff and other guest

We reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive, causes unnecessary inconvenience upsets, annoys, disturbs or is threatening or abusive towards other guests, our staff in the UK or resort on the telephone, in writing or in person. In any of these circumstances you may be evicted from the accommodation and no refunds or compensation or any costs or expenses in court by you will be paid to you and we may make a claim against you for any damages, costs and expenses, including legal expenses in court as a result of your behaviour. Criminal proceedings may also be investigated. Reference to “you” or “your” includes for the purposes of this section the conduct also of any other person in your party.

13. Your accommodation

The accommodation must only be used by those people named on your confirmation invoice (or on any amendment invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay.

These charges must be met by you and may have to be paid locally. Suppliers reserve the right to apply their own deposit policy (as stated in their own terms and conditions) of which you will be notified of prior to booking.

14. Contacting you

If you book via our website or any accommodation supplier website provided by us or have opted in other circumstances for us to contact you via e-mail, we will communicate with you using the email address you have provided. For example, to provide your e-confirmation, any e-vouchers, e-cancellation, etc. We will assume that your e-mail address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via our mail address in writing as required in our terms and conditions.

15. Excursions | Extras

Within our catalog we have provided information of reputable 3rd party suppliers of excursions and other leisure services. If you choose to enter into a contract for the provision of excursions or other leisure services your contract will be with that supplier directly and we act only in the capacity of an agent and therefore we have no liability for the proper performance of that contract. The terms and conditions in this “our agreement with you” will not apply to any contract for the prevision of excursions or other leisure services.