Terms and Conditions of Service – BootPamp Ltd.
All participants must be aware of the terms and accept the risks associated with the activities.
Personal Accident and Cancellation Insurance is required.
1) Interpretation and Definitions
The business: BootPamp Ltd
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” A Booking made by the client by paying a deposit or the whole amount
“Booking Form” The Booking Form produced by BootPamp Ltd via email to be completed by the Client upon making a Booking after deposit has been paid.
“Contract” The contract between the Client and BootPamp Ltd under which the Services are to be provided by BootPamp Ltd to the Client
“Client” A person or company who makes a Booking with BootPamp Ltd.
“Deposit” Theinitial payment paid by the client at the time of booking.
“Force Majeure” Any act, event, omission or accident beyond BootPamp Ltd’s reasonable control including but not limited to Act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse weather, default of suppliers or subcontractors, strikes, lock-outs or other industrial disputes, failure of utility service or transport network.
“Major Change” A change in the date
“Minor Change” A change in the location, members of staff or trainers.
“Recordings” Photographs, videos or any other visual recordings taken of the Clients during the provision of the Services.
“Services” The services provided by BootPamp Ltd. to the Client under the terms of the Contract and “Service” shall be construed accordingly.
Wording importing the singular meaning shall include the plural meaning and vice versa. All wording within the booking conditions is generalised and reference to any gender includes the other genders.
The headings in these Conditions are for convenience only and shall not affect their interpretation.
A contract for the activity and / or service is made between BootPamp Ltd and the Client on the issue of written confirmation of booking by BootPamp Ltd.
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 BootPamp Ltd and the client.
No verbal representations made by BootPamp Ltd shall be relied upon by the Client.
To place a booking, BootPamp Ltd requires a deposit fee. Bookings should be made via www.bootpamp.com, so then the Client shall be deemed to have read and fully understood these conditions and signed the declaration at check out. All bookings are provisional and are only confirmed once the deposit has cleared in BootPamp Ltd’s bank.
BootPamp reserves the right to decline any booking at their discretion.
4) Fee and Payment Terms
The fee payable at the time of booking shall include the planning, organising and delivery of the proposed activity and /or service.
Once the Deposit has been paid by the Client and cleared, a contract is formed for the agreed programme to be delivered. If the Client wishes to alter any aspect of the programme additional reasonable costs may be levied by BootPamp Ltd at their discretion.
The deposit of 10% is refundable at 50% if the client decides to cancel the booking before final payment is made.
The payment is refundable till 48 hours after check-in and based on specific terms and conditions.
The balance of the fee is payable 6 weeks before the arrival date, unless agreed otherwise on confirmation of booking.
In the event the balance is not paid BootPamp Ltd will have the discretion to treat the booking as cancelled by the client and re-sell the course place.
5) Responsibilities of the Client
The Fee does not include travel to and from the site / location at which the proposed activity and / or service shall be provided and this shall be the sole responsibility of the Client unless otherwise agreed in writing by BootPamp Ltd.
The Client is responsible for their own personal medical requirements, clothing and footwear for the duration of the activity and / or service unless otherwise agreed in writing with BootPamp Ltd.
It is the Client’s responsibility to inform BootPamp Ltd in writing of any health issues that may make them unsuitable to participate in the activity and or service agreed. Failure to disclose any serious illness, injury or high dose of medication will allow BootPamp Ltd to reserve the right to refuse the client to partake in strenuous
exercise. Such information may result in BootPamp Ltd terminating the Contract and withdrawing the Client from the activity and / or services without refund, notwithstanding condition 8.
6) Variations and amendments
BootPamp Ltd reserves the right to change any price or other particulars of the Services before the contract becomes binding.
If there is a “Major Change” BootPamp Ltd shall notify the Client forthwith. BootPamp Ltd shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances, an alternative date if one is available.
If there is any other change other than a “Major Change” (e.g. Minor Change or a Force Majeure), BootPamp Ltd is not obliged to pay any compensation, or notify the client in advance.
7) Cancellations by the Client
If the client wishes to cancel the Contract they must advise BootPamp Ltd in writing. BootPamp Ltd reserves the right to move the date of services to an alternative date.
In case of booking cancellation, if only the deposit has been paid, the deposit is refundable at 100% until the launch date of the project in February 2021 and then refundable at 100% only within a week from the date of booking.
If a booking is cancelled after final or full payment has been made,100% fee is refundable by BootPamp Ltd to the client until the launch date in February 2021 and then refundable at 100% within 2 weeks the beginning of the booked holiday.
8) Cancellations by BootPamp Ltd
BootPamp Ltd will always endeavour to fulfil confirmed bookings however do reserve the right to cancel. If BootPamp Ltd cancels a booking prior to the commencement of the activity and / or services the Client will be offered an alternative date if one is available.
If the retreat is cancelled due to a Force Majeure (Pandemic included), BootPamp Ltd will not refund any monies paid by the Client. The Client should get travel insurance to cover them in these circumstances.
The Contract may be assigned by the Client to a third party subject at all times to condition 2.
The client is unable to assign or transfer the Contract to a third party without the prior written consent of BootPamp Ltd. If the client wishes to assign their contract, he or she must give notice in
writing providing the full name and address and contact details of the third party. BootPamp Ltd shall then advise in writing as to whether it consents to the assignment as soon as is reasonably practicable. BootPamp Ltd reserves the right to refuse an
assignment to a third party at any time without reason. If subsequently a client has to cancel due to BootPamp Ltd refusing the assignment to a third party then the cancellation charges in condition 7 shall apply.
BootPamp Ltd may assign or sub-contract to any third party the performance of any of its obligations under the Contract without consent of the client.
If there is a problem during the Services, the Client must report it in the first instance to the BootPamp Ltd course manager or instructor. If it is still unresolved then the issue should be reported immediately to a Director of BootPamp Ltd, so that all
efforts can be made to resolve the problem promptly and effectively. In the unlikely event that the problem cannot be resolved and the Client wishes to make a complaint then the Client must notify BootPamp Ltd in writing giving full details within 28
days of the end of the Services. Failure to service notice of the complaint in accordance with the above will preclude the Client from being entitled to take any further action against BootPamp Ltd.
None of the exclusions and limitations in these conditions are intended to limit any rights the Client may have under statute or common law which may not be excluded; nor in any way to exclude or limit liability to you for personal injury or death resulting from BootPamp Ltd’s negligence or that of its employees or agents; or
for any liability incurred as a result of fraud or fraudulent misrepresentation by BootPamp Ltd.
The Client understands that attending any activity or service provided by BootPamp Ltd involves some level of risk. These risks include but are not limited to physical injury or even death. By attending any activity or service provided by BootPamp Ltd the Client agrees to assume these risks and agrees to release and
discharge BootPamp Ltd and its directors, employees and agents from any and all claims for liability.
Neither BootPamp Ltd nor any of its directors, employees or agents will be liable for any loss or damage to any personal property or vehicle belonging to the Client during the course of their stay at the BootPamp Ltd villa/holiday.
BootPamp Ltd reserve the right to take any recordings of the Client during the activity and /or services and the Client accepts that all rights whatsoever arising in the recordings shall be solely owned by BootPamp Ltd.