Terms & Conditions

 

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BOOKING TERMS AND CONDITIONS

J M Hounsfield & Son (PURUSHA RETREATS)

We are delighted that you have chosen Purusha Retreats and its associated Retreat Venue to host your retreat/event.  These terms and conditions (Terms) have been put together to protect and assist both parties to help clarify and agree the arrangements that form your Booking with Us.  As the person, organization or business responsible for making the Booking (You), we ask that You please read through this document carefully so that You are fully aware of the Terms that apply to your Booking before entering into a Contract with Us.

Unless agreed otherwise in writing, Purusha Retreats also referred to in these Terms as Us/We, will only accept Bookings based on these Terms and You agree to accept and abide by them.

1.            INTERPRETATION AND DEFINITION

1.1.        In this Agreement unless otherwise specified, the following words have the following meanings:

Associated Services: any additional services other than the hire of the Retreat Venue provided by Purusha Retreats to You under the Contract;

Booking: the booking made by You with Purusha Retreats to hire the Retreat Venue and where relevant purchase and receive any Associated Services;

Booking: Form: the booking form provided by Us to be completed by You when making a Booking with Us;

Contract: the contract between You and Purusha Retreats;

Deposit: a deposit payment of agreed % of the Total Charge will be required to reserve your Booking, this deposit is payable at the time your Booking is made;

Final Payment: the total amount to be paid by You for the Booking less the Deposit and any Instalments paid;

Force Majeure: any act, event, omission or accident beyond the reasonable control of Us, including but not  limited to, an act of God, war, riot, civil commotion, malicious damage, compliance with any law, health risk, governmental advice advising  non travel,  climate, disruption to travel, economic, political or social situation, breakdown of plant, machinery, airplane or vehicle,  the unexpected illness or injury of a guest, unexpected closure or availability of the Retreat Venue or a third party  services provider,  fire, flood, storm, adverse weather, default of suppliers or subcontractors, air line or transport strikes, lockouts or other industrial disputes, failure of a utility service or transport network which for the avoidance of doubt shall include traffic jams or road closures whether local, national or international.

Instalments: the amounts to be paid by You that are in addition to the Deposit and Final Payment that together equal the Total Charge, such amounts and dates for payment of the Instalments are as set out in the Booking Form;

Retreat Venue: the retreat venue located at Chestnut Tree Farm, Wellingore, Lincolnshire, LN5 ODW;

Total Charge: the total sum paid by You under the Contract being the total of the Deposit, the Instalments and the Final Payment.

 

Wording importing the singular meaning shall include the plural meaning and vice versa.

All wording within these Terms is generalised and any reference to any gender includes the other genders.

The headings in these Terms are for convenience only and shall not affect their interpretation.

2.            ACCEPTANCE

2.1.        Unless agreed otherwise in writing by Us, a Contract for your hire of the Retreat Venue and purchase of any Associated Services is only made between Purusha Retreats and You upon the issue of a written confirming of your Booking which will be sent to You upon the receipt of the Deposit in cleared funds into our bank account.

Until the Deposit is received in cleared funds, We reserve the right to cancel any provisional Booking and/or offer You alternative dates.

2.2.        The Contract is subject to these Terms which You are deemed to have read and fully understood and accepted to abide by.   These Terms which apply to your Booking can only be varied by written agreement between Purusha Retreats and You. We ask You to bring these Terms to the attention of all of your guests as well as any of your suppliers and/or subcontractors.

3.            BOOKING

3.1.        To place a Booking, You must provide Us with full written details of your requirements and pay the Deposit. Where we are providing any Associated Services then in order that we can try to meet any special needs that You or your guests may have, whether this is dietary or otherwise, we ask You to inform us of any such requirements prior to making your Booking.  Please note that as stated in clause 2.1 all Bookings are provisional and will only be confirmed once the Deposit is received cleared in funds in our bank account.

3.2.       We reserve the right, and at our sole discretion, to decline any Booking.

4.            FEE AND PAYMENT TERMS

4.1.        Your Deposit shall be used for the purpose of planning and organising your hire of the Retreat Venue as well as preparing for, and the engagement of, any Associated Services. 

If you are booking with Us as a consumer, then should you decide to cancel your Booking for any reason whatsoever, then subject to the provisions of clause 7.1, You may incur a cancellation charge that relates to any specific and irretrievable costs incurred by Us in respect of your Booking, for example, perishable food.  If you are booking as a business, which for the avoidance of doubt includes sole trader, partnership, Limited Liability Partnership, Limited Company or any other corporate entity or charitable organization; then subject to the provisions of clause 7.1, your Deposit is refundable  at our sole discretion notwithstanding that You may be subject to a cancellation charge on the basis as described above.   

4.2.        Where relevant, then subject to clause 3.1, upon full and cleared payment by You of the Deposit, a Contract is deemed to have been formed between You and Us.  Once the Contract has been entered into by both parties then should You wish to change any element or content of your Booking or add any additional Associated Services, although we are under no obligation to effect the change, we shall do our best to accommodate and assist You. Where any such changes result in additional costs for Us, We reserve the right to pass this charge on to You but will always discuss this with you first.  

4.3.        The Final Payment will be due for payment 60 days before the commencement date of your Booking unless agreed otherwise in writing by Us. In the event that the Final Payment is not paid by the due date then We shall have the right to treat your Booking as cancelled by You and We shall be entitled to re-sell your dates.  Please note that under such circumstances the Deposit is non-refundable.  

4.4.        We reserve the right to charge a late payment fee of 5% of your total booking if the Final Payment or any Instalments are not made on the agreed due date and we have to chase You for the payment. Please note that we do not normally send out reminders.

4.5.        We warrant and undertake to You that any monies paid over to Us by You for the purposes of your Booking will be deposited in the following bank account:

      Account Name: J M Hounsfield and Son

      Sort Code: 54 10 23

      Account Number: 36582123

5.            YOUR RESPONSIBILITES

5.1.        Health, safety and wellbeing of everyone who visits the Retreat Venue is very important to Us and so You are responsible for informing Us in writing of any health and safety, or mobility issues relating to You or your guests that could impact on their health and safety whilst they are at the Retreat Venue. We hope that You will understand that we ask this in order to create a safe environment and experience for everyone.  We shall do our best to assist you with any issues that arise.  

5.2.         If in our reasonable opinion, We consider it unsafe for You or any of your guests to participate in any Associated Services that you have asked us to arrange for You, We retain the absolute right to withdraw You or any one of your guests from that particular activity without You being entitled to a refund. Please be assured that We would only do this in circumstances where We were deeply concerned for someone’s safety.

5.3.        Where we are providing catering as part of your Booking We would like all of your guests to be able to fully enjoy their meals and so You are responsible for advising us of any special dietary requirements or food allergens that You or your guests may have.  We will do our best to cater for any such requests but  as a small business we cannot always guarantee that We shall be able to  produce an alternative substitute  for each and every meal or that foods are totally free of any particular ingredient. We are not able to cater for nut allergies.   Where relevant, We retain the absolute right to refuse or terminate a Booking if in our reasonable opinion we think that we are unable to meet your catering requirements, or we think that your health or that of your guests, may be put at risk.

5.4.        Where We make a suggestion to You for a third party supplier, whether this is for catering services or any other service, We do not endorse any such supplier and it is your responsibility to check as to their suitability and experience to deliver those services safely. You should check their health and safety arrangements and risk assessments if appropriate.  You should also check their insurance arrangements as We will not be responsible for any damage or harm to property or person that occurs as a result of You engaging their services.

5.5.        You agree to arrange for all relevant insurances to be put in place with regards to your retreat/event. Purusha Retreats reserves the right to ask for copies of insurance documents.

5.6.        It is your responsibility to ensure that any suppliers You engage to provide services to You, remove all their rubbish from the Retreat Venue. We reserve the right to make a charge if We have to arrange for its removal.

5.7.        You agree that it is your responsibility to ascertain the suitability of your guests to participate in your retreat/event and to ensure that all relevant health and safety measures are put in place that includes arrangements for what should happen in the event of illness or an accident.  Purusha Retreats reserves the right to ask for copies of  your risk assessments.

5.8.        You are responsible to check the insurance arrangements and relevant qualifications and experience of any person that you engage  independently to provide services to your guests. Purusha reserves the right to ask for copies of  documents evidencing all such arrangements. Where Purusha Retreats are of the reasonable opinion that any of your service providers are unsuitable to deliver services at the Retreat Venue, then Purusha Retreats has the absolute right to refuse such person access to the Retreat Venue to deliver the services.

5.9.        Where You bring any of your own electrical or other equipment with you to the Retreat Venue, You are fully responsible for the safety of the equipment and for its safe use.  

5.10.     You agree to be responsible for and agree to reimburse Purusha Retreats for all costs incurred as a result of any breakages or damage to the Retreat Venue, accommodation, equipment or facility which is caused by You or any of your guest or suppliers. We ask You to please report immediately any breakages or faulty equipment so that we can try and repair or replace as soon as possible for You.  

5.11.     We seek to provide a high a standard of accommodation and our expectation is that You and your guests will leave the accommodation in good condition upon departure. If in our reasonable opinion, additional cleaning over and above what is normal is required, then You will be responsible for paying all reasonable costs relating to such cleaning. We reserve the right to ask for a returnable deposit that we shall hold in our business bank account and which shall be refunded within 10 business days of your departure from the Retreat Venue.  We will agree this amount with You at the time you make your booking and such amount will then be set out in the Booking Form.

5.12.     Purusha Retreats are not responsible for, and are not covered by insurance, for any personal items or luggage that You or your guests bring to the Retreat Venue (which for the avoidance of doubt includes all areas of woodland, meadow land and general farm areas) or that are left in any of the geodesic domes or sleeping accommodation or any vehicle belonging to You or your guests during your stay. It is your responsibility to ensure that where relevant, your guests obtain appropriate insurance relating to any such items that may be damaged, lost or stolen.

5.13.     Please note that Purusha Retreats is a back to nature, eco retreat.  We operate a soak away system for our shower rooms and toilets which means that anything that goes down any of the plug holes (including the front of the loo) drains directly onto the earth.  A soak away system replenishes the groundwater which enables Us to maintain an ecologically safe space.  For this reason We do not permit guests to use their own shampoo, conditioner, shower gel or soap in our toilets and bathrooms.  We will provide You and your guests with all-natural products that are of a high quality in keeping with everything else that We provide and which are also biodegradable. It is your responsibility to ensure that your guests are made aware of these arrangements and do not bring or use their own products.

5.14.     Where your hire of the Retreat Venue includes the use of the Tea Hut, Sunset Yoga Dais, Kula Dome and Grub Hub, yoga/exercise equipment, We expect that You and your guests will use these spaces with respect and care and that You will carry out your own risk assessment as to how these areas will be used for your specific activities. We reserve the right to request copies of your risk assessments.

5.15.     The Retreat Venue is located on a working farm and as such is subject to the normal activities of a working farm and associated day to day noise and smells.  Although Purusha Retreats will take all reasonable steps to advise You in advance of any likely disturbance, We cannot be held responsible the impact of any such activities taking place.

5.16.     Please note that the Retreat Venue does not have a WIFI connection, therefore should you require this, it will be your responsibility to make your own arrangements for internet connection on your personal devices.

6.            VARIATIONS AND AMENDMENTS

6.1.        We reserve the right to change the price of your stay or any other particulars or activities before the Contract becomes binding

6.2.        If following the Contract becoming binding, there is a major change or change in the law, as to what Purusha Retreats are able to provide, we shall notify You as soon as is reasonably practicable.  Purusha Retreats shall seek to offer You alternative arrangements as close to the original arrangements as is reasonably possible in the circumstances.  If there is any other change other than a major change then We are not obliged to inform You in advance or obliged to pay You any compensation.

7.            CANCELLATION BY YOU

7.1.        If You wish to cancel the Contract for any reason whatsoever, You must advise Us in writing as soon as possible.   Subject to clause 7.2, any cancellation of the Contract will be subject to the following cancellation charges. For the avoidance of doubt the cancellation charges are based on the number of days before your agreed arrival date.

 

      Date of Cancellation                               

      Within 60 days of arrival: Zero less any deposit paid.

      Less than 60 days before arrival: 100% booking fee

     

7.2.        Where You cancel the Booking due to legal restrictions being imposed by Government that would render your Booking illegal such that it could not go ahead, then Purusha Retreats will offer you the option to cancel your Booking, postpone or rebook onto an alternative date.   

8.            CANCELLATION BY US

8.1.        We will always endeavour to fulfill confirmed Bookings; however, We reserve the right to cancel any Booking due to a Force Majeure.

9.            TRANSFERRING YOUR BOOKING TO ANOTHER PERSON AND SEVERANCE

9.1.        If once your Booking is confirmed, You wish to transfer your Booking to another person, then You may do so provided that we are satisfied that person or business can and will abide by all of the conditions set out in these Terms.

Before we agree to transfer your Booking, You must provide us with reasonable notice in writing, prior to the commencement date of your Booking, of your intention to transfer the Booking along with the full name, address and contact details of the substituted person or business.   We shall then advise You in writing as to whether We consent to the proposed transfer as soon as is reasonably practicable.    If, subsequently, You have to cancel due to Us refusing the assignment of the Booking to another person then the cancellation charges as set out in clause 7.1 above shall apply.

9.2.        We may assign or subcontract to any third party, the performance of any of our obligations under the Contract without the consent of You.

9.3.        Each term and condition in these Terms operates separately.  If any court or relevant authority decides that any one or more of them is unlawful or unenforceable, then the remaining terms and conditions will remain in full force and effect.

ASSOCIATED SERVICES

9.4.        Your Booking may include Associated Services.  Any information on or about any Associated Services published by Purusha Retreats and contained in our literature or on our website or any other advertising medium, is designed for illustrative purposes only.

9.5.        Please note that should You or any of your guests choose not to participate in any of the Associated Services provided under the Contract, We shall have no obligation to provide You with any alternative activities or services and You will not be entitled to any refund.

9.6.        If in our reasonable opinion we believe that You or any of your guests’ health and/or safety is at risk, or that You or any of your party are causing another person to be at risk or if You have failed to disclose any relevant information in accordance with these Terms, then We may at our absolute discretion make decisions affecting You or your guests, and where necessary ask You and/or any relevant guest, to vacate the Retreat Venue.  In such circumstances You will not be entitled to a refund.

9.7.        We aim to provide an environment and services for You and your guests that are relaxing, safe, tolerant, embracing and respectful of our neighbours and persons involved with any aspect of your Booking   irrespective of age, gender, race, disability, religion, sexual orientation race, gender reassignment, marriage or civil partnership arrangements. Therefore, We will not accept any illegal act or any conduct which may give offence or cause danger or damage to any other person or property.  If Purusha Retreats or any of its employees, consultants, subcontractors, suppliers or agents become aware of any such unacceptable behavior, then we may at our absolute discretion ask You and/or your guests your party to leave the Retreat Venue or any associated   property or facility without being liable to pay any refund to You.   Purusha Retreats shall   have no liability to You under such circumstances.

9.8.        All services under this contract will be provided in the English language.

10.         COMPLAINTS

10.1.     We pride ourselves on providing a very high standard of accommodation and services but in the unlikely event that there is a problem, or You or one of your guests would like to make a complaint during your stay at Purusha Retreats, we would ask that in the first instance you kindly discuss it with Us (in particular the person who has been managing your Booking) or  other person representing Us at the Retreat Venue and we shall do our very best to resolve it with You.  We shall provide you with contact details at the time of Booking.  If the matter remains unresolved then We would invite you to put your complaint   in writing to Us within 14 days of the end of your holiday.  We will then carry out a full investigation and reply back to you in writing within 30 days of the date of receipt of your complaint.

11.           ACCOMMODATION

11.1.     The Retreat Venue has beautiful accommodation based in geodesic domes that are located in private woodland and as such we need to have a few house rules in place for the safety of You, your guests and the environment.  We are proud of our ethical values and strive to achieve high standards of sustainability so that You and your guests can fully relax knowing everything has been ethically sourced and is environmentally friendly so as to protect nature and our delicate eco system. Our few rules are as follow:

a)    follow all written instructions and signs – these are here to help You; if You are not sure, please always ask a member of staff;

b)    children must be supervised at all times and not left in accommodation or any other place on the Retreat Venue whilst alone;

c)    consumption of alcohol is to be maintained at a sensible level;

d)    no recreational drugs or substances are permitted;

e)    keep noise levels down to a sensible level after 10.30pm – We do not permit amplified music after this time;

f)     show respect for the environment and do not leave litter;

g)    stick to paths and mown areas;

h)    please do not use more than you need in the Tea Hut and don’t take anything home with you – please leave supplies for the next guests.

When making a Booking with Purusha Retreats You agree to be responsible for ensuring that You and your guests adhere to our rules which we have sought to keep to a minimum for your enjoyment.

11.2.     For reasons of health as well as the safety, we do not permit smoking in any part of the Retreat Venue unless this is agreed with Us “before” you make your Booking.  Due to the construction of our geodesic domes and their location within woodland, we feel that there is a very real risk of fire if a cigarette stub is disposed of irresponsibly as the vegetation and trees can become very dry at certain time of the year.  It will be your responsibility to ensure that You and your guests adhere to our no smoking policy.  

11.3.     Unless agreed otherwise with You, we have a checkout policy that requires You to vacate your accommodation on the agreed day of departure by no later than 12.00pm. Please respect this as our housekeeping staff may have a very limited time in which to turn the accommodation around for the next retreat/event.

11.4.     Unless agreed otherwise with us in writing, access to accommodation is not permitted before 3 pm on the day of your arrival. 

11.5.     Upon arrival, please check that everything is to your satisfaction. Should there be any problems relating to cleanliness or otherwise, then you must report this directly to us asap so that we can look into it for You and address any issues quickly.  Please do not wait until the end of your stay before making a complaint.  We are very keen for you to have a lovely stay at Purusha Retreats and as far as we can, ensure that everything meets with your expectations.  We cannot rectify anything if we are not aware of it.

11.6.     Should any breakages or damage occur during your stay, please let us know asap so that we can sort it out. Often, we do not charge for minor breakages as we put this down to “wear and tear” but it is most helpful to us if we can replace it for You quickly.  Thank you for your co-operation with this.

12.         LIABILITY

12.1.     None of the exclusions and limitations in these Terms are intended to limit any rights that You 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 the negligence of Purusha Retreats or that of its employees or agents, or for any liability incurred as a result of fraud or fraudulent misrepresentation by us.

12.2.     Our total liability to You under these Terms shall be limited to the Total Charge as it applies any particular single Booking.

13.         MEDIA AND MARKETING ARRANGEMENTS

13.1.     We seek to offer privacy and discretion for You and all of your guests and undertake not to take any photographs or use any other social media images that could identify your guests without consent of the individual concerned.

13.2.     Purusha Retreats reserves the right to comment on any marketing media/content that You intend to use for the promotion of your retreat/event and where it is of the reasonable opinion that the aforementioned marketing media/content is not appropriate or suitable, then it reserves the right to request that You refrain from using it. We will seek to work with You on this.

14.         INTELLECTUAL PROPERTY RIGHTS

14.1.     We reserve and own all intellectual property rights which may subsist in any of our own photos, marketing media/content, products that we sell or services that we provide. However, we are keen to help support the success of your retreat/event by allowing You to use some of our images for your own marketing purposes provided that you consult with us first and we agree. Purusha Retreats reserves the right to take such action as it deems appropriate or necessary to restrain or prevent infringement of any of our intellectual property.

15.         LAW AND JURISDICTION

15.1.     Any dispute or claim arising out of or in connection with the Contract shall be governed and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

(July 2021)