Terms and Conditions of Service
EDY Yann Retreats
All participants must be aware of the terms and accept the risks associated with the activities.
Personal Accident and Cancellation Insurance is highly recommended.
1) Interpretation and Definitions
The business: EDY Yann 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.
“Booking Form” The Booking Form produced by EDY Yann via email to be completed by the Client
upon making a Booking after deposit has been paid.
“Contract” The contract between the Client and EDY Yann under which the Services are to be
provided by EDY Yann to the Client
“Client” A person or company who makes a Booking with EDY Yann.
“Deposit” An amount equal to £350GBP
“Force Majeure” Any act, event, omission or accident beyond EDY Yann’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, lockouts or other industrial disputes, failure of utility service or transport network.
“Major Change” A change in the date
“Minor Change” A change in the accommodation
“Recordings” Photographs, videos or any other visual recordings taken of the Clients during the
provision of the Services.
“Services” The services provided by EDY Yann to the Client under the terms of the Contract
“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.
2) Acceptance
- A contract for the activity and / or service is made between EDY Yann and the Client on the issue of
written confirmation of booking by EDY Yann.
- 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
EDY Yann and the client.
- No verbal representations made by EDY Yann shall be relied upon by the Client.
3) Booking
- To place a booking, EDY Yann require a deposit fee.
Once the deposit fee has been paid, the booking is confirmed, and the deposit is non refundable.
Clients can book via www.edyyann.com, or by email yann.e@edyyann.com.
BACS transfer to EDY Yann’s bank account. Once a deposit payment has been made, the client shall
be deemed to have read and fully understood these conditions. All bookings are provisional and are
only confirmed once the deposit has cleared in EDY Yann’s bank.
- EDY Yann 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 EDY Yann at their discretion.
- The deposit is non refundable if the client decides to cancel the booking before final payment is
made.
- The balance of the fee is payable 30 days before arrival date unless agreed otherwise on
confirmation of booking. In the event the balance is not paid EDY Yann will have the discretion to
treat the booking as cancelled by the client and resell the course place. Any monies paid by the
Client to date will not be refunded by EDY Yann.
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 EDY Yann.
- 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 EDY Yann.
- It is the Client’s responsibility to inform EDY Yann 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 EDY Yann to reserve the right to refuse the client
to partake in strenuous exercise. Such information may result in EDY Yann terminating the Contract
and withdrawing the Client from the activity and / or services without refund, notwithstanding
condition 8.
6) Variations and amendments
- EDY Yann reserves the right to change any price or other particulars of the Services before the
contract becomes binding.
- If there is a “Major Change” EDY Yann shall notify the Client forthwith. EDY Yann shall seek to offer
the Client arrangements as close to the original as is reasonably possible in the circumstances, an
alternative date, or a full refund.
- If there is any other change other than a “Major Change” (e.g. Minor Change), EDY Yann is not
obliged to pay any compensation, but will seek to inform the client in advance.
7) Cancellations by the Client
- If the client wishes to cancel the Contract they must advise EDY Yann in writing. Once written
cancellation has been acknowledged by EDY Yann, the contract is terminated, and any funds
previously paid by the client will be non-refundable and the booking will be cancelled immediately.
EDY Yann reserve the right to move the date of services to an alternative date. If a booking is
cancelled after the deposit has been paid, the deposit is non refundable. If a booking is cancelled by
the client after final or full payment has been made, 100% fee is kept and non refundable to the
client. If a booking is cancelled by the client within the 6 week period before the event start date,
50% of the remaining balance is payable from the client to EDY Yann.
8) Cancellations by EDY Yann
EDY Yann will always endeavour to fulfil confirmed bookings however do reserve the right to cancel.
If EDY Yann cancels a booking prior to the commencement of the activity and / or services the Client
will be offered an alternative date, or a full refund.
9) Assignment
- The Contract maybe 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 EDY Yann. 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. EDY Yann shall
then advise in writing as to whether it consents to the assignment as soon as is reasonably
practicable. EDY Yann 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 KIN refusing the assignment to a third party
then the cancellation charges in condition 7 shall apply.
- EDY Yann may assign or sub-contract to any third party the performance of any of its obligations
under the Contract without consent of the client.
10) Services
- EDY Yann reserves the right to alter the content of the Services at any time without notice to the
Client due to certain factors including but not limited to the weather and physical fitness of the
client.
- Any information on our Services published by EDY Yann for its literature and website is designed
for illustrative purposes.
- If the Client elects not to participate in any part of the Services being provided, EDY Yann has no
obligation to provide an alternative activity or service and the Client will not be entitled to a refund.
- If EDY Yann believes a Client’s health or safety is at risk or a Client has failed to disclose any
relevant health information in accordance with condition 3, EDY Yann may at its absolute discretion
make decisions affecting the Client and where necessary may terminate the Contract immediately
without refund.
- The client must refrain from any illegal act or any conduct which may give offence or cause danger
or damage to any person. If EDY Yann or any of its staff, consultants or agents, become aware of any
such action, then EDY Yann or any of its suppliers may at their absolute discretion have the Client
immediately extracted from any property or facility without refund. EDY Yann will have no liability to
the Client in such circumstances.
11) Complaints
If there is a problem during the Services, the Client must report it in the first instance to the EDY
Yann course manager or instructor. If it is still unresolved then the issue should be reported
immediately to a Director of EDY Yann, 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 EDY Yann 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 EDY Yann.
12) Liability
- 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 EDY Yann’s negligence or that of its
employees or agents; or for any liability incurred as a result of fraud or fraudulent misrepresentation
by EDY Yann.
- The Client understands that attending any activity or service provided by EDY Yann 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 EDY Yann the Client agrees to assume these risks and agrees to
release and discharge EDY Yann and its directors, employees and agents from any and all claims for
liability.
- Neither EDY Yann 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 EDY
Yann villa/holiday.
13) Media
- EDY Yann 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 by solely owned by
EDY Yann.
- The Client accepts and agrees that any recordings may be used by EDY Yann at its absolute
discretion in any manner including but not limited to its website, promotional material and
advertisements.
14) Copyright
EDY Yann reserves all copyright which may subsist in the products of, or in connection
with, the provision of all activities, services or facilities. EDY Yann reserves the right to take such
actions as may be appropriate to restrain or prevent infringement of such copyright.
15) Law and Jurisdiction
These terms and conditions shall be governed and construed in accordance with English and Welsh
law and the parties shall submit to the non-exclusive jurisdiction of the English and Welsh courts
