Terms and Conditions
New You Escapes is a subsidiary of Club Free Spirit Ltd. All participants must be aware of New You Escapes' terms and conditions. We take our clients' personal safety very seriously, and as a company, we trade in a clear and fair manner. We do strongly advise that each client takes out travel insurance when you book with New You Escapes. Club Free Spirit Ltd, known from here on as CFS, accepts bookings subject to the following conditions.
1.1 In this document, wherever the context so admits, the following expression shall have the following meanings respectively:-
- "Deposit" shall mean 30% of the finalised agreed price.
- "Head office" means New You Escapes, The Ion Building, Waldo Road, London, NW10 6AW, England.
- "CFS" means Club Free Spirit Ltd.
- "Client" is the person or persons listed on the booking form(s).
- "Major change" means changing the dates, location booked or majority of course content by more than 80%.
- "Force Majeure" means any situation or event beyond the control of CFS. This could be an Act of God, war, terrorist activity, civil strife, strike, riot, industrial disaster, breach of contract by CFS suppliers, fire, adverse weather or road conditions, bureaucratic obstacles, or changes in schedules or modes of transport by ferry companies, airlines and bus or train operators.
- 'Course Director' means the member of staff responsible for the delivery of the agreed activity and/or service.
1.2 Where the expression 'Clients' includes two or more persons, the obligations expressed or implied relate directly to the individual.
1.3 Any reference to a statute shall include any statutory extension or modification or re-enactment of such statute and any other instrument, plan, regulation, permission or direction made or issued there-under, or delivering validity there-from.
1.4 Wording importing the singular meaning shall include the plural meaning and vice versa. All wording within the booking conditions is generalised to the Client referring to the masculine feminine and neuter genders.
1.5 The clause and paragraph headings are for convenience only and shall not affect the construction of this document.
1.6 The expressions used in the particulars shall have the same meanings when used hereafter in these booking conditions.
2.1 A contract for the activity and/or service is made between CFS and the Client on the issue of written confirmation of booking by CFS.
2.2 The Contract is subject to these booking conditions which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between CFS and the Client.
2.3 No verbal representations made by CFS shall be relied upon by the Client.
3.1 To place a booking, CFS requires a completed Booking form and/or individual information form with deposit fee. Clients booking by telephone, e-mail or facsimile will have been deemed to read the booking conditions and to have signed the declaration on the "individual information form". A booking is accepted and becomes binding only from the date when CFS has confirmed acceptance in writing by means of a "confirmation of booking e-mail or letter". CFS reserves the right to decline any booking at their discretion. Email and telephone bookings are treated as provisional and are only confirmed once the funds have cleared in to the CFS bank account.
3.2 The balance of the fee is payable eight weeks before commencement of the course, unless agreed otherwise on confirmation of booking. In the event that the balance is not paid, CFS will have the discretion to treat the booking as cancelled by the client and re-sell the course place.
3.3 The whole course fee is required to secure a place for any booking made within eight weeks of the commencement of the course.
4.1 The price at time of booking covers the cost of the planning organising and delivery of the proposed activity and/or service. Once deposit is cleared, the agreed programme will be delivered. If the client wishes to change the programme once the deposit has been paid, additional reasonable costs may be levied by CFS at their discretion.
4.2 It is the responsibility of the Client to arrange travel to the site and location for the proposed activity and/or service, unless otherwise stated. The Client is also responsible for their own personal medical requirements and personal footwear equipment and clothing unless otherwise stated.
5. Course Duration
5.1 The New You Escapes course is a seven day residential course. To book a place on New You Escapes course you have to arrive on day one of course at the specified time. Clients who can not arrive on day one of course can not attend the course. Clients can not leave during the course and then return unless agreed by New You Escapes in advance.
6. Damage to Property
6.1 Clients shall be held responsible to make compensation for any damage they cause to the contents and furnishings of the premises during their stay, except for wear and tear.
7. Cancellation and Refunds
7.1 Should the Client wish to cancel, cancellation charges will be imposed. These are calculated from the date that written notification is received by CFS at their Head Office, and shall be calculated as a percentage of the total price. Cancellation charges shall be based on the number of days before the arrival date, that the written notification of cancellation is received. The amount payable shall be as follows: -
- 56 days or more: Deposit only.
- 55 - 29 days: 50% of the full cost.
- 28 - 8 days: 90% of the full cost.
- 7 days: 100% of the full cost.
If you want to reschedule or transfer for any reason, there are no refunds. There are no exceptions. Participants who don't show up for activities forfeit the full cost.
8. Cancellation by CFS
8.1 We try never to cancel a confirmed booking, but reserve the right to do so. If we cancel a confirmed booking before your activity and/or service, CFS will offer the Client the choice of a full refund or another available date (with pro-rata refund or price increases as appropriate). In addition, unless the cancellation was caused by "Force Majeure" and having regard to the length of notice Clients receive, we will pay the Client reasonable compensation where appropriate.
9. Alteration by CFS
9.1 We make every effort to ensure the accuracy of our literature. However, changes can occur despite our best endeavors and we reserve the right to change any price or other particulars before the Client books (in which case we will tell you before your booking becomes binding).
9.2 If there is a "Major Change" to a confirmed booking, we will inform the Client as soon as is reasonably practical and offer you the choice of accepting the change, receiving a full refund (excluding the initial deposit), or transferring to another available date. If the Client chooses to cancel and the "Major Change" was caused by anything other than "Force Majeure" or low bookings, we will pay you reasonable compensation if appropriate, having regard to the nature of the change and length of notice you receive.
9.3 If there is any change other than a "Major Change", we are not obliged to inform you in advance (but we will do so where practicable), nor are we obliged to pay you compensation. If we become unable to provide a major proportion of the services you have booked with CFS, we will make every effort to arrange alternative arrangements for you at no extra charge, and where appropriate, will refund the Client prorata for services not received. If the client wishes to make major changes to agreed programme additional costs may be added at the company's discretion.
10. Course Content and Weather
10.1 The programmes we publish in our literature and on our website, and describing the courses, are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. It is very unlikely that any one programme could be or would be followed precisely as it is published. Several factors outside of our control will determine this and dictate what can be accomplished reasonably during your course. The most influential factors will be the weather, the conditions, and physical fitness of course participants. Taking these factors into consideration and the aims of the course as described in our literature, the Course Director will construct the best programme possible. The Course Director will review and may alter the programme as the course progresses in response to the changing influence of these factors. Once the course is underway, the Course Director, guides, instructors or leaders may change the activities at any time. This applies to all courses.
10.2 Circumstances may arise where we are forced to alter dates, duration or accommodation before a course starts. We will try to inform you of any such changes as soon as we know of them.
10.3 Our Course Directors, guides, instructors and leaders will do their utmost to ensure that any problems are solved for the benefit of the course participants as a whole. Signing the booking form signifies your acceptance of the Course Director's authority to make decisions affecting the group or individuals. For instance, the Course Director may require an individual or individuals to leave the course if they believe that a person or person's health is at risk, if a person is not coping or may not cope with the technical, physical or mental demands of the course, if an illegal act has been or may be committed, or if conduct is, may become, or has been detrimental to the safety, enjoyment or well-being of the group, or of any individual within the group.
11. Acceptance of Authority
11.1 Employees of CFS and staff will use their best endeavors to resolve problems to the benefit of the Client as a whole. The Client must refrain from any conduct which may give offence or cause danger or damage to any person or property. If CFS or any of its suppliers believe that the Client is in breach of this obligation, likely to breach it, or is otherwise unfit to partake in the activity, CFS or its suppliers may in their absolute discretion refuse the booking or have the Client removed from any property or facility. CFS will owe the Client no liability in such circumstances and the Client will be solely responsible for any costs incurred.
11.2 The Course Director may require an individual or number of persons to leave the group if they believe that the Client's health and safety are at risk, if an illegal act has been committed, or the Client has behaved in a way as to endanger safety, enjoyment, or the welfare of the group as a whole. In the event of this action the Client involved shall not be entitled to any refund from CFS and will be required to meet all expenses involved in their immediate extraction.
12. Personal Health
12.1 Except as disclosed in writing to CFS, the Client confirms that they are in good mental and physical health and are unaware of any reason why they may be particularly unsuited to taking part in the activity and/or service agreed upon, or may be likely to suffer illness or injury during the activity and/or service.
12.2 Failure to disclose any information that is required in the 'Individual Form' may result in CFS terminating the contract and withdrawing the Client from the activity and/or service on the grounds of incorrect information. The Client will not be entitled to any refund of payments made under this termination contract.
13. General Points
13.1 The Contract is personal to the Client and is not capable of transfer or assignment without prior written consent of CFS.
13.2 While it is the intention of CFS to perform the obligations under this contract directly, CFS may choose to sub-contract elements of its obligations under this contract.
14.1 It is a requirement, when booking your holiday, that you are going to buy travel insurance, or that you can demonstrate at the time of booking that you hold a policy providing cover. Any insurance must also offer a 24-hour emergency telephone and repatriation service. In the event of an emergency, should you not have adequate insurance cover, although we will offer all reasonable assistance, it must be understood that you will be responsible for any costs involved as a result of your failure to take out adequate cover. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for the particular needs of you and your party. We do not check insurance policies.
15.1 If there is a problem during the activity and/or service period, you must report it to, in the first instance, the instructor of your activity. If it is still unresolved, you must then report it a director of CFS immediately, so that prompt and effective efforts can be made to resolve the problem. In the unlikely event that the problem cannot be resolved at this time and you wish to raise a complaint, full written details must be sent to CFS within 28 days of the activity and/or service finishing. Please include your booking reference number, party details and exact full details of your complaint on your letter. Please also include your daytime and evening contact telephone numbers. Failure to take these steps will prejudice our ability to resolve your problem and/or investigate it fully, therefore any right to compensation you may otherwise have had will be lost or substantially reduced.
15.2 Please be advised that if you have a complaint whilst you are staying at New You Escapes, you must inform the boot camp Manager immediately in order to give them the chance to resolve the problem. Failure to do this will lose your right to any compensation.
16. Conditions of Service
16.1 As part of the continual review of safety and associated considerations, the conditions of booking are subject to change, clarification and modification at any time. Only the course director or their appointed deputy is empowered to vary or waive any of the Conditions of Booking. Such decisions are totally at the discretion of the course director or the appointed deputy.
17. Law and Jurisdiction
17.1 This agreement shall be construed in accordance with the laws of England and Wales, and the Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of this Agreement.
18.1 The average weight loss seen on our camps is based on the mean average achieved at our camps. However, each individuals results can vary.