Term and Condition

Booking Conditions

All bookings for training courses operated by PHY are subject to our Booking Conditions. They are available in full here for your information and should be read before making an online booking.

Website Conditions

There are a number of conditions about how you use the PHY website [www.progressivehathayoga.com]. These conditions are published here for your information.

BOOKING CONDITIONS

Your contract

Your contract is with DKT Yoga Limited trading as Progressive Hatha Yoga, a company incorporated in England under company registration number 11006088

The following Terms shall have the meanings set out below when used in these Booking Conditions:

‘We’, ‘Our’, ‘Us’, ‘PHY’

means DKT Yoga Limited trading as Progressive Hatha Yoga.

‘Training’

means the Training Course booked by you or any person on your behalf.

‘Force Majeure’

means any circumstances which are unusual and/or unforeseeable which are beyond the control of PHY , the consequence of which could not have been avoided even if all due care had been exercised, including (but not limited to) war or threat of war; riot; civil strife; hostilities; political unrest; government action; industrial dispute; natural or other disaster; nuclear incident; terrorist activity; weather conditions; closure of airports; fire; flood; drought; re-scheduling or cancellation of flights or alteration of the airline or aircraft type by an airline and technical problems with transportation and all similar events outside our control.

‘Major Change’

includes the following when made before departure:

  • A change of resort area for the whole or a major part of your Training Course,
  • A change of accommodation to that of a lower official classification for the whole or a major part of your Training Course,
  • A change of the overall length of your Training Course of two or more days.

‘Commencement date’

includes the following when made before departure:

  • A change of resort area for the whole or a major part of your Training Course,
  • A change of accommodation to that of a lower official classification for the whole or a major part of your Training Course,
  • A change of the overall length of your Training Course of two or more days.

1. Your Training Course Contract

When a booking is made, the ‘lead name’ on the booking guarantees that he or she has the authority to accept and does accept on behalf of each and every person on whose behalf the booking is made the terms of these Booking Conditions. After we receive your booking and all appropriate payments, we will issue a confirmation invoice. A binding agreement will come into existence between us when we dispatch this invoice to the ‘lead name. This contract is governed by English Law, and the jurisdiction of the English Courts.

It is important to check the details on your invoice when you get it, or if booking late at the time of booking, that all the details are exactly as you requested. In the event of any discrepancy, please contact us immediately as it may not be possible to make changes or corrections later.

Once you have made your booking, then any amendments to the booking (which are subject to clause 8 below) will be subject to these Booking Conditions which will apply to that amendment immediately upon the amendment being confirmed.

These Booking Conditions apply equally to all members of your party named in the booking. Where the ‘lead name’ on the booking is booking on behalf of other persons, it is your responsibility to ensure that these Booking Conditions are brought to their attention and that they are familiar with them. We are entitled to assume that all members of your party have read these Booking Conditions. Any reference to ‘you’ or ‘your’ shall be deemed to include all named persons on the booking.

Only we, the ‘lead name’ on the booking and any other persons in your party and whose names appear on the booking shall have any rights to enforce these Booking Conditions.

The ‘lead name’ who makes and pays for the booking must be at least 18 years old.

2. Website accuracy

Although PHY make every effort to ensure the accuracy of the website information and pricing, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking.

3. Passports, visas, health requirements and travel document

It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure and for ensuring that you meet any foreign entry requirements. A full and valid passport is required for the destination where the Training Course will be located (including children) and Visas (transit, business, tourist or otherwise) may be required depending on the passport you hold. Requirements may change and the length of time it is likely to take to obtain the appropriate passports and visas will vary. It is your responsibility to check the up to date position and you should make any applications for passports and/or visas in good time before your departure. PHY accepts no liability if you or any member of your party are refused entry into any country due to failure to hold the correct passport, visa and/or other travel documentation required by any airline, authority or country you are visiting or transiting through (whether or not you are required to leave the aircraft) including but not limited to a valid ESTA or any similar programme in force in any of the countries to be visited and/or transited through.

You are advised to check for up to date information on passport and visa requirements with your relevant Embassy, High Commission, consulate or passport office for information on visa and passport requirements relevant to your Travel Arrangements and your return to your home country/country of residence, and the consulate or Embassy or High Commission in the destination where the Training Course will be held, prior to booking. PHY has no special knowledge or expertise regarding foreign entry requirements or travel documents. We recommend that you review travel warnings, announcements, prohibitions and advisory notices issued by all relevant governments regularly prior to your departure. Some destinations may require a letter of authority if children are not accompanied by both legal guardians. Please check with the authorities in the relevant destination if this applies.

Health Requirements

You should consult your doctor for current recommendations and information on inoculations or vaccinations before you depart relevant to the destination you will be visiting or transiting through during your trip. It is your responsibility to ensure that you are fit to travel and meet all health entry requirements, obtain recommended inoculations, vaccinations take all recommended medication and follow all medical advice before departure. For medical advice regarding all destinations you intend to visit or transit through during your trip you should consult your doctor and appropriate websites website in advance. We recommend that you take evidence of your up to date inoculations or vaccinations with you when travelling as it may be required for entry into a country or destination. PHY shall not be liable if you are refused entry into any country or destination because you cannot show that you have received all required inoculations or vaccinations or because you do not satisfy the health requirements of any destination.

Travel to certain destinations may involve greater risk than others. You are strongly recommended to review any travel warnings, prohibitions, announcements or advisories issued or updated by your national foreign ministry prior to booking your international travel arrangements and regularly prior to departure.

4. Insurance

We consider adequate travel insurance to be essential and we strongly advise you and all members of your party to obtain it prior to departure for the full period of your trip booked. It is your responsibility to ensure that the insurance policy you purchase is suitable, covers your requirements (including but not limited to health requirements) and is adequate for your particular needs and Travel Arrangements. Please read and take it with you on the Training Course. PHY has public liability insurance for students while they are practising in classes organised by PHY. A copy of our insurance policy and cover is available for your inspection.

5. Paying for your Training Course

In order to confirm your place on the Training Course, you must pay a non-refundable deposit, and this will be confirmed to you at time of booking. The balance of the cost of your arrangements (including any surcharge where applicable) is due not less than 12 weeks prior to departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 9 will become payable.

We accept payment by credit card and debit card.

Credit Card Fraud Contingency:

If you do not supply the correct credit or debit card billing address and/or cardholder information, the overall cost may increase. We reserve the right to cancel your Training Course if payment is declined or if you have supplied incorrect credit card information.

6. Your Training Course Price

PHY endeavours to ensure that the most up to date and correct prices are shown on our website. PHY reserves the right to raise or lower their prices at any time. Occasionally, an incorrect price may be shown, due to an error. When PHY becomes aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible. We reserve the right to cancel the booking if you do not wish to accept the price which is actually applicable to the Training Course.

7. If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be from the ‘lead name’ on the booking. You will be asked to pay an administration charge of £50 per person and any further cost we incur in making this alteration. In cases where the administration charges made by our Suppliers are higher we reserve the right to pass on such charges to you.

You are permitted to transfer individuals’ names, if any named person on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or other significant reason. Subject to receipt of satisfactory evidence of such reason we will at our discretion agree to that named individual’s booking being transferred to another person, which will be subject to the amendment fee of £50 per person and any additional charges made by any Supplier being paid by you. We will advise you of these charges at the time of your request. Any changes of the individuals named in the booking are conditional on the substitute individual accepting these Booking Conditions and otherwise satisfying all the conditions applicable to the booking. Name change requests within 48 hours of the commencement date of the Training Course cannot be guaranteed. If you request to change all names on a booking, this will be considered as a cancellation and new booking and full cancellation charges will apply.

You should be aware that these costs could increase the closer to the Training Course commencement date that changes are made. Only one change of departure date, per booking may be permitted. Any change in departure date will be treated as a cancellation and full cancellation charges will apply. You will be asked to pay an admin fee of £50 per person and a new deposit per person to secure the new departure date. Any further changes may be treated as a cancellation by you and result in cancellation charges being applied.

Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost.

8. If You Cancel Your Booking

You, or any member of your party, may cancel your travel arrangements at any time. Notification must be given in writing by mail or email from the ‘lead name’ on the booking. Since we incur costs in cancelling your booking, you will have to pay the applicable cancellation shown in the grid below.

Note: if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company.

The following Terms shall have the meanings set out below when used in these Booking Conditions:Table

Our cancellation charges are a percentage of the total Training Course cost. These charges are based on how many days before your departure we receive your cancellation notice and not when your correspondence was sent to us. Please note that any amendment charges are non-refundable.

 

Please note: if only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the Training Course cost for the remaining travellers. You may have to pay the extra room charges such as single room supplements.

 

After the commencement date of the Training Course no refund will be made on any part-used components of your Training Course (including but not limited to room charges). You will be charged 100% of the price of all part- used components.

 

All amendment or cancellation charges become payable by you immediately upon confirmation of the amendment or cancellation

9. If We Change or Cancel Your Training Course

We begin planning the arrangements we offer many months in advance and so we reserve the right to make changes to and correct errors in Training Course details both before and after bookings have been confirmed. We must also reserve the right to cancel confirmed bookings at any time. For example, if the minimum number of students required for a particular Training Course is not reached we may have to cancel it.

Most changes are minor but occasionally, we may have to make a Major Change. If we have to make a Major Change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:

  • accepting the changed arrangements; or
  • purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference); or
  • cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

However, we will not cancel your confirmed booking 12 weeks or less before the commencement date of the Training Course except for reasons of “Force Majeure” (as explained above) or failure by you to make full payment on time.

Due to the unpredictability of Force Majeure events we shall not be liable for any changes before your departure for the Training Course or during the Training Course, which in our opinion are necessary to protect your safety. In this event, we will offer you suitable alternative arrangements, or, if you do not travel, return the monies you have paid us but we will not pay you compensation.

Very rarely, we may be forced by Force Majeure to change or terminate your arrangements after the commencement date of the Training Course. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.

10. If You Have A Complaint

In the unlikely event that you have any reason to complain or experience any problems with your Training Course arrangements whilst away, you must immediately inform our representative at the Training Course and complete a report form whilst in resort. Most problems or complaints can be resolved while you are away, however if not resolved, please email us at [insert email address or write to Customer Relations at DKT Yoga Limited, 9 Palfrey Place London SW8 1PB United Kingdom within 28 days of the scheduled final day of the Training Course and full details of your complaint and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.

If this procedure is not followed we will not have the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract.

11. Our Liability To You

  • In respect of attendance at activities during Training Courses. We promise that your Training Course and arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do.
  • In respect of other arrangements. We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/transfers, as well as using our reasonable skill and care in choosing our suppliers
  • We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
  • The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
  • The act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or ’Force Majeure’ as defined above.
  • Except as specifically set out in these conditions, we will not accept any further or different liability. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
  • We limit the maximum amount we may have to pay you for any claims you may make against us.
  • The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £50 per person affected unless a lower limitation applies to your claim under this clause.
  • For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your Training Course.
  • Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off any transfer transportation provided by PHY) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Athens convention for international travel by sea). Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
  • Local Excursions/Activities/Events

We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our website. For example, any excursion you book whilst away, or any service or facility which the hotel or any other supplier agrees to provide for you. Excursions, tours, activities or other events that you may choose to book or pay for whilst you are on the Training Course (“Local Events”) are not part of your Training Course package provided by us and these Booking Conditions and website terms and conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.

  • The services and facilities included on your Training Course will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.

12. Data protection/privacy

In order to process your booking and meet your requirements, we must pass your personal details on to the relevant suppliers of your travel arrangements. We would also like to hold your information (including any email address), where collected by us, for our own future marketing purposes (for example, to inform you of promotional offers or to send you our brochure). If you do not wish to receive such approaches in future, please inform us as soon as possible. For full details of our data protection and privacy policy, and an explanation of how your personal details will be used by us, please refer to our privacy policy.

13. Special requests and medical problems

We are happy to advise and assist you. As some of the accommodation may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the Training Course meets your specific needs. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details. For further assistance, please contact [details].

WEBSITE CONDITIONS

The information data and material (“Information“) contained in this website (“Website“) has been prepared solely for the purpose of providing information about PHY, its subsidiaries and partners and the services that they offer. We try to ensure that information contained on this Website is accurate and up to date. However, you should always verify the information before acting on it. All Training Courses sold by PHY are sold subject to our Booking Conditions which should be read before making an online booking.

  1. Content and Subscriber Submissions

1.1 The contents of the Website are intended for your personal non-commercial use. All materials published on this Website (including, but not limited to articles, features, photographs, images, illustrations, audio clips and video clips, also known as the “Content“) are protected by copyright, trademarks or other intellectual property rights and are owned or controlled by PHY, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through this Website.

1.2 This Website and its Contents are protected by copyright pursuant to English and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 1.3 of these Terms and Conditions), create new works from, distribute, perform, display or in any way exploit, any of the Content of this Website (including software) in whole or in part.

1.3 You may however download or copy the Content and other downloadable items displayed on the Website subject to the following conditions:

1.3.1 The material may only be used for your personal non-commercial purposes. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from PHY or the copyright holder identified in the copyright notice contained in the Contents;

1.3.2 All copies must maintain copyright and other intellectual property notices contained in the original material;

1.3.3 The products, technologies or processes illustrated or described in this Website may be the subject of other intellectual property rights reserved by PHY or by other third parties. No licence is granted in respect of those intellectual property rights; and

1.3.4 Images, trademarks and brands displayed on this Website are protected by copyright and other intellectual property laws and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).

  1. Access and Availability of Service and Links

This Website contains links to other related World Wide Web Internet sites, resources and sponsors of this Website. Since PHY is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

  1. Software Licences

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access this Website (“Access Software“). You may not sub-licence, assign or transfer any licences granted by PHY, and any attempt at such sub-licence, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

  1. Conditions of Carriage

Services and products described in this Website may well be subject to terms and conditions, details of which may be obtained from PHY or their service provider (as applicable).

  1. Changes to Terms and Conditions

PHY may from time to time change, alter, adapt, add or remove portions of these Terms and Conditions but if it does so it will post any such changes on this Website.

  1. Changes to the Website

PHY may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict your access to parts or all of the Website without notice or liability.

  1. No Warranties

This publication is provided “as is” without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded.

  1. Liability for Losses

By accessing this Website you agree that PHY will not be liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this Website or from your access of other material on the internet via web links from this Website.

  1. Exclusions

The exclusions and limitations contained in these Terms and Conditions apply only to the extent permitted by law.

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