Last updated: May 2009
1. Introduction
We, BoxYoda Limited (“BoxYoda”), organise a range of activity events in the UK and abroad (the “Event”) in a variety of hotels, private residences, sporting venues, outdoor spaces or appropriately sized buildings, as specified per Event (the “Venue”).
2. The Contract
The Event is normally booked/signed by one person who is then the Party Leader and who may book and manage bookings at the Event on behalf of other persons (the “Party Members”).
To make a booking for an Event, you must be at least 18 years of age and be able to create a legally binding contract. Your contract with us is concluded when:
a) your payment of the deposit (or in the case of a late booking the full payment), has been received by us in cleared funds; and
b) BoxYoda send you written confirmation of the booking by e-mail and/or by post.
At the point at which you are sent written/electronic confirmation of the booking from us (“Confirmation of Booking”), your reservation will be accepted and the contract between BoxYoda will become binding. If you receive this confirmation by e-mail first, this is when the contract is formed.
Except as otherwise set out herein the contract lasts until you and your party (if any) leave the Event.
The contract binds you and it is your responsibility as the Party Leader to ensure that all Party Members, read, understand and comply with the terms of this contract. Failure to disclose all relevant information and/or comply with these terms may lead to termination of the contract and loss of the booking and any fees paid, without liability to us.
Otherwise than as set out herein nothing on our website, in the BoxYoda brochures or any promotional material is intended to be nor should be construed as an offer to enter into a contractual relationship.
3. What’s Included
A BoxYoda detox healthy holiday spanning multiple days includes:
a) Accommodation for the duration of your stay
b) An initial 15 minute consultation from our nutritionist or personal trainer
c) All classes, tuition and seminars
d) Any planned excursions
e) Breakfast, lunch and dinner plus non-alcoholic drinks
f) Evening entertainment within the accommodation
g) A massage treatment
A BoxYoda 1 day fitness retreat includes:
a) All classes and tuition
b) A seminar on nutrition
c) lunch and non-alcoholic drinks
Optional massage is available on our fitness retreats for an extra fee. Please enquire for details.
A BoxYoda Event does not include travel to the Venue.
4. Health and Insurance
We strongly recommend that you have full insurance to cover the activity when attending the event.
For travel outside of the UK, please see our section below "Travel Abroad". You should also check with your doctor that you are sufficiently fit and healthy to undertake boxing fitness classes, yoga classes, dance classes and any other physical activity we have arranged. Please check with your own doctor that you are adequately fit. If you experience any injury or discomfort during any activity organised for you, then you must desist immediately and consult a member of the BoxYoda team. You must notify Boxyoda if you have any health concerns prior to commencing physical activity.
5. Amendments to your booking
If when you receive your Confirmation of Booking your details are incorrect, or you need to make an amendment, please promptly contact us using our Contac Us form or telephone 020 7100 9945 and leave a message if a member of staff is not available to take your call. We will return all calls by the following business day.
6. Your reservation
With the Confirmation of Booking will be other relevant information. Payment of the full balance owing for the Event (including the Party leader and all Party Members) must be made 42 days before the start of the Event or by a given date communicated to you by Boxyoda, otherwise the booking will be regarded as cancelled and any previous payments made will be lost and no refunds whatsoever will be given.
Please note balance reminders will not be sent. For any Event booked within less than 42 days prior to the start date of the Event, full payment is required.
Only Party Members’ names (including that of the Party leader) that are listed on the Confirmation of booking (or as subsequently amended in accordance with Clause 7 below) may attend the Event and/or occupy the Venue. If any other person(s) are found in occupation, Boxyoda will terminate the contract forthwith without liability and then any Party Members, any unauthorised guests and yourself will be asked to leave the Event immediately and depart from the Venue and Event without any refund whatsoever.
6. Children
The event is best suited to people aged 18 years and older. Any guests younger than 18 should not be left alone at any time without full adult supervision. At least one adult must occupy each unit of the Venue.
Boxyoda will endeavour to maintain tight security at the Venue but will not be responsible for loss, damage or theft of any property of any guests. It is highly recommended you avoid bringing any unnecessary items of value.
7. Pricing
For the avoidance of doubt, Boxyoda reserve the right to correct any prices incorrectly shown on the website and/or in any promotional material e.g. brochures, leaflets etc. Any such prices which are advertised in error may be amended and where the amended prices affect your booking, Boxyoda will notify you of the amendment and you reserve the right to cancel if you do so in writing within 7 days of such notification from Boxyoda.
Please note that all prices shown are inclusive of VAT at the standard rate set by the British Government.
8. If you change your booking
If you wish to add additional Party Members to your booking, you will not be charged an amendment fee. Any other changes may incur a Ł25.00 (twenty five pounds) amendment charge. Any changes made must be sent to us using the Contac Us form at least 28 days before the start of the Event by the Party Leader.
Where changes are sought to be made within less than 28 days of the start of the Event it will be treated as a cancellation and subject to cancellation charges as outlined in the next clause.
9. If you cancel your booking
It may be necessary to cancel your holiday due to illness, accident or change of circumstances etc. As soon as you know that you need to cancel, call Boxyoda on 020 7100 9945 and confirm the cancellation in writing using the Contac Us form. Any communication must come from the Party Leader. Otherwise than as set out herein cancellation charges are calculated as follows from the date that your written instructions are received by Boxyoda.
Cancellation charges
Cancellation incurs administrative costs so we will retain your deposit or 50% of the total amount if you've paid in full. In addition, we may apply cancellation charges up to the maximum shown below:
Six weeks (42 Days) or more before your arrival:
# Deposit only
28-41 days before your arrival:
# 75% of holiday cost
27 days or less before your arrival:
# 100% of holiday cost
If Boxyoda incurs additional charges other than those set out above for any cancellation then such sum shall need to be met solely by you.
10. Minor alterations to your booking
Alterations such as withdrawal of certain amenities, facilities, activities, and entertainment may be made by us and/or the management of the Venue without any obligation or liability.
11. Major alterations to your booking
Boxyoda will use all reasonable endeavours to provide the booking as described including but not limited to all facilities and entertainment as advertised. However, on occasion it may be necessary to make some major alterations to the booking. If such a change is necessary, Boxyoda will endeavour to advise you in writing as soon as possible and give you the options set out at clause 12 below.
12. If Boxyoda cancels your booking
Boxyoda will use all reasonable endeavours not to cancel your booking, but in exceptional circumstances, this may be necessary. Reasons for this may include (but are not limited to) the minimum number of bookings required not being achieved, or is, in the sole opinion of Boxyoda, unlikely to be achieved. Boxyoda will inform you of any such cancellation as soon as possible and give you the options set out below at clause 13.
13. Major change or cancellation options
Otherwise than when subject to a force majeure event (as described below), Boxyoda will give you the following options in the event that Boxyoda notify you that your booking is materially altered or cancelled:-
a) you may accept the alternative arrangements as notified to you;
b) you may choose another Event from Boxyoda (subject to availability), up to the value of the same advertised price of your altered/cancelled Event, otherwise any deficit between the cost of the two Events will become due by you;
c) you may elect to receive a full refund of any money received by Boxyoda in cleared funds.
14. Travel abroad
When travelling abroad, any passports, visa, health certificates, international driving licences and other travel documents required for the Event must be obtained by you (or the Party Members as applicable) and it is your responsibility to ensure that these are all in order and meet any additional costs incurred (whether by yourself, a Party Member or us on your or a Party Member’s behalf) as a result of a failure to comply with such requirements.
When travelling abroad it is your responsibility to remember applicable airport taxes.
We recommend that you buy adequate travel insurance when you go on holiday.
15. Pets
Pets are not permitted at any Event. Assistance dogs are accepted by prior arrangement.
16. Health & safety
For the safety and wellbeing of yourself, any Party Members and/or other Venue guests, not all facilities may be available to everyone at the Venue and/or certain restrictions or conditions may apply. You warrant that throughout the term of the Event you will observe and comply with all health and safety regulations whether stipulated by Boxyoda or the management of the Venue.
Proof of Age - This may be asked for when entering into certain parts of the Venue or buying alcohol at the Event if alcohol is on sale. Accepted forms of ID may be a photographic driver’s license or passport.
17. Travel
It is entirely your responsibility to arrange and pay for travel to the venue. If Boxyoda specifically states it is organising travel to the venue, you and/or your Party Members are responsible for arriving at the stated departure destination (if any) in good time and any loss and/or damage which you suffer through a failure to do so lies solely with yourselves.
18. Arrival at the Venue
Each Event will have a registration time. You are asked to arrive by this time in order to ensure you receive all the necessary instructions and materials for the Event.
You agree to abide by the terms and conditions of the management of the Venue.
19. Departure from the Venue
Boxyoda ask that you vacate the Venue by the agreed departure time and return any keys/access cards to our staff or as otherwise requested. Please check your Venue carefully prior to departure as Boxyoda do not accept liability for items left behind upon your departure of the Venue. The Venue will be inspected at the end of the Event or your departure. You will be held responsible for any damage and/or loss caused during your stay and that resulting from the acts and/or omissions of any Party Members. Damage to the Venue and/or its contents may also result in the termination of your participation in the Event with no compensation to you or any of your Party Members.
20. TV and filming
Please be aware that photography and filming may be in progress during the Event, and please ensure that you are aware of the positioning of cameras/videos at all times. By attending the Event, you give Boxyoda permission to use, reproduce, , exhibit, project, display, copyright, publish and/or resell photography images and/or moving pictures and/or videotaped images of you with or without your voice, or in which you may be included in whole or in part, photographed, taped, videotaped, and/or recorded and thereafter to circulate the same in all forms and media for art, advertising, trade, competition of every description and/or any other lawful purpose whatsoever.
21. Limitation of liability
Boxyoda’s total liability whether to the Party Leader and/or any Party Member in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to the cleared funds received by Boxyoda at the time of the occurrence and in particular without prejudice to the generality of the foregoing and to the fullest extent permitted by law Boxyoda shall have no liability by reason of any implied warranty, condition or other term or duty under statute or at common law.
Boxyoda shall not be liable to you or any member of your party for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this contract even if made known of the circumstances at the start of the contract.
Nothing in this clause excludes or limits the liability of Boxyoda for death or personal injury caused by Boxyoda's negligence or fraudulent misrepresentation.
Boxyoda shall not be liable for any breach of the contract to the extent that such breach is caused by a force majeure event as described below.
The provisions of this clause shall survive the termination of this contract.
22. Force majeure
Boxyoda shall not be liable for a breach of this contract in the event that Boxyoda is unable to carry out its obligations hereunder owing to circumstances beyond its reasonable control arising from or as a consequence of (including but not limited to) an Act of God, fire, disaster, natural catastrophe, war, act of terrorism, civil disturbance, industrial dispute, order of a government department, or competent authority breakdown or interruption of power supplied or other public services or transport, any loss of services by third parties or from the acts and/or omissions of the management of the Venue or their employees or agents.
23. Your warranty
It is a condition and you warrant that throughout the term of the Event you will:
a) show consideration to other guests and the Boxyoda team members at all times; and
b) at all times treat the Event facilities/Venue with all due care and respect; and
c) not partake in any offensive or illegal behaviour; and
d) not be involved in creating excessive noise; and
e) not cause a nuisance.
On departure, please leave the Venue in a clean and tidy condition. If you and/or any of your Party Members fail to comply with any of the above rules (whether in whole or part), your contract may be terminated without liability and you and your Party Members may be asked to leave the Event immediately (refunds will not be given under any circumstances).
Contracts will also be terminated if Boxyoda has a reasonable suspicion that any person(s) has committed, or intends to commit an offence.
Boxyoda also reserves the right to enter any unit of the Venue at any time and for any reason to ensure the safety and wellbeing of other guests of the Venue, a Party Member or yourself. Boxyoda reserves the right to require any such person(s) to be interviewed by Boxyoda, to enable Boxyoda to investigate into instances of loss, damage or nuisance to Boxyoda property, the Venue or that of any person(s). Any person who refuses to comply without a reasonable excuse will be treated as having immediately terminated their contract. They and/or their Party Members may be asked to leave immediately without any refunds.
Guests are advised not to bring privately owned electrical appliances to any Event. However, if you or any Party Member ignore this notice and do so, they use the equipment at their own risk.
The availability of some outdoor facilities and entertainment may be affected by adverse weather conditions.
24. Your indemnity
Without prejudice to any other rights or remedies available to Boxyoda, and notwithstanding any other provision in this contract, you irrevocably and unconditionally agree to indemnify Boxyoda in full and on demand and keep Boxyoda so indemnified from and against all claims, actions, damages, proceedings, demands, losses, liabilities, costs and expenses (including without limitation legal expenses and other professional advisers’ fees) which are made or brought against or suffered or incurred by Boxyoda, directly or indirectly and whether or not foreseeable at the date of the contract, arising wholly or in part as a result of or in relation to your acts and/or omissions and/or those of any Party Member or any of your unauthorised guests.
25. Complaints
Boxyoda are only able to take action on any complaints which are first brought to the attention of Boxyoda whilst at the Event and later received in writing within 28 days after the end of the Event, unless there are exceptional circumstances.
26. General
a. Disputes: In the event of any dispute in respect of the Venue please ensure that you bring this to the attention of the management of the Venue prior to your departure and also promptly inform Boxyoda in writing. In the event of any dispute in respect of the Event itself, please immediately notify Boxyoda in writing.
b. Waiver: No delay or omission by Boxyoda in exercising any right or remedy under this contract shall operate to impair such right or remedy or be construed as a waiver thereof.
c. Assignment: You may not assign any of your rights and/or obligations herein in whole or in part without the prior written consent of Boxyoda.
d. Notices: All notices to be in writing, hand delivered or sent by pre-paid first class letter post to the address set out herein for Boxyoda or any such other address as notified to you in writing. Any notice shall be deemed served if hand delivered at time of delivery; if posted 3 (three) days thereafter if in the UK.
e. Entire Agreement: This contract contains the whole agreement between the parties and supersedes all prior agreements, arrangements and understandings. Only Boxyoda is entitled to make amendments to this contract. Boxyoda reserve the right to alter any parts of the contract and you are advised to regularly check this website for the most up to date terms and conditions.
f. Severability: Any provision hereof found illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition and shall be replaced by an enforceable provision to the same or the nearest possible equivalent effect.
g. Third Party Rights: Only the parties and their successors and permitted assignees shall have a right to enforce any provision of this contract and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
h. Governing Law: This contract will be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.