TUSCANY WORKSHOP TERMS & CONDITIONS

Workshop terms and conditions

1.     These terms

1.1   These are the terms and conditions on which we deliver workshops to you. Please read these terms carefully before making a booking with us.

2.     Information about us and how to contact us

2.1   We are Wayne Brittle and Ashley Franklin, together trading as Under Tuscan Skies. You can contact Ashley by telephoning 07971 920382, or writing to Ashley at info@ashleyfranklin.co.uk or at 13 Bank Buildings, Milford, Derbyshire DE56 0QJ

2.2   If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.

2.3   When we use the words "writing" or "written" in these terms, this includes emails.

3.     Our contract with you

3.1   Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your booking for any reason we will inform you of this in writing.

3.2   By making a booking with us you agree to be bound by these terms.

4.     Booking and payment

4.1   A deposit payment of 25% of the cost of the workshop is payable at the time of booking. We are unable to accept your booking until the deposit has been paid.

4.2   The balance of the cost of the workshop is payable six weeks before the date on which workshop begins. If we have not received full payment from you by this date we reserve the right to treat your booking as having been cancelled by you.

4.3   If a booking is made less than six weeks prior to the date on which the workshop begins the full cost of the workshop is payable at the time of booking.

4.4   Payments should be made by BACS transfer to the account details we provide to you.

4.5   If you do not make any payment to us by the due date and we have not elected to treat your booking as cancelled by you we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

4.6   Money paid to us under this contract will be held on trust in the event of our insolvency.

5.     Cancellations and amendments

5.1   If you wish to cancel your booking you must inform us in writing. A cancellation charge will apply depending on the date on which we receive your cancellation request, calculated in accordance with the following table:

Receipt of cancellation request (number of days before the workshop begins)

Cancellation charge (expressed as a percentage of the full workshop cost)

More than 59 days

25% (your deposit)

42-59 days

50%

35-41 days

75%

Less than 35 days

100%

 

5.2   We reserve the right to cancel or make changes to any workshop at any time. Where we have to cancel or make changes due to circumstances beyond our reasonable control (including, without limitation, war or threat of war, riots, terrorist activity, act of God, flood, fire or natural disaster) no refund will be payable. Where we cancel or make a substantial change in any other circumstances you may be given the option to book an alternative workshop (in which case any difference in value between the workshop you originally booked and the alternative workshop shall be settled between us), or you may terminate this contract and receive a full refund of all monies you have paid to us in respect of the cancelled or substantially changed workshop as at the termination date.

5.3   We will use all reasonable endeavours to ensure that both Wayne Brittle and Ashley Franklin are in attendance on all workshops. Should either Wayne Brittle and/or Ashley Franklin be unable to attend a workshop we reserve the right to run such workshop with one workshop leader and/or with a suitable replacement workshop leader. For the avoidance of doubt this will not be deemed to be a substantial change for the purposes of paragraph 5.2 above.

5.4   Where a minimum number of participants is required for a workshop to run we will inform you of this at the time you make your booking. If the minimum number has not been reached 35 days before the workshop is due to begin we will inform you of this in writing and paragraph 5.2 above will apply.

6.     Travel

6.1   You must hold a valid passport on the date the workshop you have booked begins, and your passport validity must last for the duration of the workshop. It will usually take three weeks to obtain a new British passport or renew your existing British passport, but be aware that this can take longer. There are no visa requirements for British nationals attending our workshops. It is your responsibility to ensure that you hold a valid passport and any required visa on the date the workshop you have booked begins.

6.2   We will inform you of the specified flights for the workshop you have booked. You are responsible for booking and paying for these flights. Airport and/or hotel transfers included in the cost of the workshop you have booked are only available where you travel on the flights we have specified. If you arrive and/or depart on different flights you will be responsible for your own airport and/or hotel transfer costs and arrangements (but for the avoidance of doubt there will be no corresponding reduction in the total workshop cost payable to us).

7.     Accommodation

7.1   Unless you have requested otherwise when making your booking you will be allocated a single room or a double or twin room for single occupancy. Rooms will be allocated on a first-come first-served basis.

7.2   If you would like to share a double or twin room with another participant making a booking you must inform us of this when making your booking. We cannot guarantee being able to fulfil any such request.

8.     The workshop

8.1   Full details in respect of the workshop you have booked will be provided to you at the time your booking is accepted, and are deemed incorporated into this contract.

8.2   The workshop will begin on departure from the specified airport with us on the specified date or, if you do not travel on the flights we have specified, at such later time as you convene with us and the rest of the workshop group.

8.3   You must disclose to us at the time you make your booking any medical or physical conditions you have that may affect your ability to participate in the workshop and/or which may pose a risk to you or to other participants during the workshop. We will use reasonable endeavours to meet any special requirements resulting from such medical or physical conditions but we assume no responsibility for your medical care.

9.     Insurance

9.1   You must have appropriate and comprehensive travel insurance cover in place before the workshop begins, and such cover should last for the duration of the workshop.

10.    Complaints

10.1  If you have any complaints in respect of the workshop you have booked you must inform us in writing as soon as possible, and in any event within seven days of the end of the workshop.

11.    Liability

11.1  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable (including, without limitation, any loss of profit, loss of business, business interruption, loss of business opportunity, or any other business losses).

11.2  We will not be liable in any way whatsoever for any loss, damage, injury, cost or expense caused by your failure to follow our instructions during the workshop, or your breach of any of these terms. Furthermore, if your actions during the workshop cause damage to the accommodation or transport we have arranged you agree to fully indemnify us against any claim (including legal costs) made by the relevant third party.

11.3  You agree that, before bringing any claim arising under or in connection with this contract against us, you will use best endeavours to recover losses, damages, costs or expenses incurred or suffered from your insurers instead of us and, to the extent that you are successful in recovering such sums from your insurers, we will not be liable to you.

11.4  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and liability for fraud or fraudulent misrepresentation.

12.   How we may use your personal informationWe will use the personal information you provide to us:

a) to supply the workshop you have booked;

b) to process your payment for the workshop; and

c) (if you agreed to this during the booking process) to give you information about similar workshops that we provide, but you may stop receiving this at any time by contacting us.

12.2  We will only give your personal information to third parties where the law either requires or allows us to do so.

13.   Other important terms

13.1  We may transfer our rights and obligations under these terms to another organisation.

13.2  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3  This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4  Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.6  These terms are governed by English law and you can bring legal proceedings in respect of these terms and/or the workshops in the English courts.