Spa terms and conditions
INFORMATION ABOUT US
W Club Spa is operated and run by UKGP Whalesborough Ltd trading as W Club Spa (“us”). Our main trading address is Whalesborough, Bude EX23 0JD. UKGP Whalesborough Ltd is registered in England and Wales under company number 14536788 and have our registered office at 181 Bridport Road, Poundbury, Dorchester, England, DT1 3AH.
Any reference made throughout these terms and conditions to us means W Club Spa and any reference to you means the individual making any booking to use the wellbeing, health and spa facilities “Services”.
- All bookings are formally confirmed by us when we issue you with your confirmation invoice. The confirmation invoice will set out the details of the treatment or package booked, the dates booked, the total amount payable for your booking and the dates on which payments are due.
- We reserve the right to refuse to accept bookings which include individuals under 13 years of age.
- We reserve the right to refuse multiple bookings or bookings made where all occupants are male or all females. Should these types of bookings be accepted they are done so on the understanding that all occupants agree to adhere to the terms and conditions herein.
- We do not knowingly allow any guest to use or visit our facilities who: (i) has an unspent criminal conviction; (ii) has an entry on a criminal register (including the sex offenders’ register); (iii) has any record of any order indicating antisocial behaviour, violence, abuse, public disorder, or criminal damage or any other form of antisocial behaviour; (iv) is a convicted sex offender, subject to the notification requirements of the Sexual Offences Act 2003; or (v) is subject to a Risk of Sexual Harm Order or Child Abduction Notice. If you do not disclose this information about yourself or any other member of your party, and it later becomes known to us, we reserve the right to cancel your booking and require that you, and the other members of your party, leave the W Club, without refund.
2. Your booking
- Once a booking is paid in full and confirmed by us in writing, a Contract is formed between you and us “the parties”. You agree to adhere to the terms and conditions herein in respect of any booking made.
- You as the person making the booking, will be responsible for all members of your party. You must be at least 18 years old at the time of making the booking.
- We reserve the right to terminate any booking should you and any members of your party breach any of the terms and conditions herein.
- Paying for your booking – Full payment is required at the time of booking, we accept all major credit cards, (except American Express), Cash, a valid and in date Gift Voucher, or a pay by link option.
3. Voucher Sales and redemptions
- Vouchers are valid for 12 months from the date of purchase and must be used within the 12 months.
- Vouchers are non-transferable, they cannot be exchanged, extended, or refunded.
- Spa package vouchers are only valid on the package of which they were purchased for.
- Voucher codes must be presented for redemptions.
4. Special offers
- Any special offers or discounts you may have will only be valid if claimed at the time you make your booking.
- All discounts and special offers are subject to availability.
- Treatment offers are not in conjunction with any other offer or discount unless specifically stated within the offer terms and conditions.
- We reserve the right to withdraw an offer without notice at any time.
5. Alterations to your booking
- When you book you must provide us with the names of all persons attending. You must notify us of any change of guest as soon as possible, prior to your arrival date.
- If you wish to make a change to your booking, such as an alteration to the treatment or the date of your booking, you must notify us at least 48 hours in advance of your arrival date. We will endeavour to accommodate your requirements however we are not able to guarantee that this will be possible.
- If we agree/are able to amend your booking and as a result of this change, the price of your booking changes, any additional charges applicable should be paid at the time of amending your booking. Similarly, if the value of your booking reduces, we will refund to you any overpayment at the time the change to the booking is made. Please note refunds can take 3-5 working days to process.
6. Cancellation of your booking
- We request that you check all information contained in your confirmation booking email as soon as practicable. Should you notice any discrepancies or wish to make changes to your booking, we ask that you contact us at the earliest opportunity to prevent any cancellation charges.
- You may cancel your booking at any time. Cancellation will be effective from the date it is received by us.
- Please notify us at least 48 hours in advance if you wish to cancel your appointment to receive a full refund.
- In the event of a booking, payable with vouchers, a cancellation within 48 hours must be provided. We shall offer you an alternative date, or provide you with a full refund reinstating the voucher with the original expiry date.
- For cancellations received within 48 hours, or failure to attend an appointment will be charged at the full cost of your booking whether paid in cash or by voucher. For group bookings (x4 people or more), we require 72 hours notification to cancel the booking to avoid cancellation charges.
7. Change or cancellation of the booking by us
- We do not expect to have to make any changes to your booking once it is confirmed, however sometimes problems arise and bookings have to be changed or cancelled. We will only do this if it becomes necessary to do so due to an event outside our control at the time of you making your booking. If this happens, we shall use all reasonable endeavours to notify you of such at the earliest convenience.
- Events outside our control can be defined as “Force Majeure Events”, an event or sequence of events beyond a party’s reasonable control including but not limited to an act of god, fire, flood, lightening, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications services, material required for performance of the Contract, strike, lockout or boycott or other industrial action including those involving our workforce and/or national pandemic.
- If for any reason beyond our control the W Club is unavailable on the date booked, due to events outside our control, we may cancel your booking and refund your payments or offer an alternative date. If we offer an alternative date, you may still choose to cancel your booking, in such an event all charges paid in advance will be refunded in full or if payment made by voucher the voucher amount reinstated. You nor your party shall have no further claim against the spa and/or W Club. Alternatively, at your request we would attempt to offer an alternative date and move your booking.
8. Standards and Behaviour
- These standards will apply from when you request your booking until your booking ends.
- You agree to, and you must make sure that you, and your party (including, in each case, any children), adhere to the following standards of behaviour:
- To act in a courteous and considerate manner towards us, our staff and anyone visiting, using or working at the W Club, including other customers;
- To supervise children so that they are not a nuisance or danger to themselves or other people at the W Club.
- All Teen packages or treatments, suitable for ages 13-16 years, must be accompanied by an adult over 18years of age.
9. Age and health of user
- You confirm that you are over 18 years of age. We must point out that we are not qualified to express an opinion confirming that you are well and fit to use the facilities and it is therefore your responsibility to ensure that you and your party are all well and fit to use our facilities.
- We strongly advise you to take expert medical advice prior to booking or receiving any treatment. If you are in any doubt, please consult your doctor first.
- Prior to your booking you will receive a Health Declaration / Spa Consultation Form, whereby you should inform us of any health conditions which might affect your treatment, including heart conditions, are pregnant, undergoing chemotherapy or have any allergies or physical ailments. You agree to complete the above and comply promptly with our recommendations in this regard.
- You agree to not use any of the W Club’s facilities and/or attend any booking of treatments whilst suffering from an infectious disease or illness where there is a risk to the health and safety of others.
10. Health and Safety
- We take the wellbeing and safety of our guests very seriously and we ask that you comply with the following:
- The speed limit on the park is signposted at the entrance.
- All vehicles must conform to the Road Traffic Act and have current tax, MOT and insurance. The provisions of the Highway Code apply to the roads on the resort.
- Guests are not allowed to bring lorries or other commercial vehicles on to the park. This includes towing vehicles.
- No recreational vehicles can be used on the resort. This includes motorised scooters.
- You understand and agree that W Club take no responsibility and shall have no liability for any loss or damage caused to a vehicle or your personal possessions whilst you and your party are at the W Club or using the Whalesborough premises.
11. Use of our facilities
- You confirm that you have been made aware of any instructional guidelines which will apply to your use of all W Club facilities.
- You are under an obligation to use our facilities carefully and sensibly to avoid damage to the equipment or injury to yourself or fellow users. If you are in any doubt as to how to correctly operate any equipment, you should consult a member of staff before use.
- There is a strict policy of not allowing alcohol into the facilities unless supplied by us to be consumed in designated areas. We reserve the right to refuse treatment or facilities access to any persons we believe to be intoxicated. We also reserve the right to refuse or restrict the sale of any alcohol.
- There is a strict no drug policy anywhere on the W Club or Whalesborough premises. Persons who are intoxicated will be asked to leave the facility or refused access. In such instances, any booking made for that individual for that day will be cancelled and any payment already made for a booking or treatment with W Club will not be subject to refund.
- You understand that we reserve the right to cancel any booking with immediate effect, and ask you and anyone in your party to leave the premises, if you or anyone in your party;
- Fails to adhere to our standards and behaviour set out at clause 8; or
- Use of our facilities.
- If we terminate this agreement for any reason set out in this clause 12, we reserve the right to withhold any refund for payments made in respect of the booking.
13. Data Protection and Personal Data
- We adhere to the principles relating to Processing of Personal Data set out in the UK General Data Protection Regulation ((EU) 2016/679) (GDPR).
14. How we may use your personal information
- We will use the personal information you provide to us to:
- Provide the Service (to include health, wellbeing and spa treatments);
- Process your payment to us; and
- Inform you about similar treatments, offers or products that we provide. Should you not wish to receive such communication you can contact us at any time to update your marketing preferences.
- We will not give your personal data to any third party unless the law requires us to do so.
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- Loss, damage or theft of any property belonging to you or any of your guests brought into the W Club.
- Death, personal injury or illness occurring in the W Club because of the use of any of the W Club’s facilities except to the extent that such death, personal injury or illness results from our employee’s negligence or from a breach of our obligations under the Occupiers Liabilities Act 1957.
- We will not be liable for any loss, damage or personal injury or death caused by another user or guest of a user to you except in the case of a direct result of our negligence or breach of duty.
- To confirm, we shall not have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract or closure of the WClub facilities as a result of events outside of our control.
16. Changes to these terms
- We reserve the right to make changes to these terms at any time. It is your responsibility to ensure that you aware of our terms at the time of booking. Should changes to our terms be made prior to your booking taking place we will endeavour to provide you with an up to date copy of our terms prior to your arrival.
- If you or a member of your party have a complaint concerning any aspect of the Services provided by us, it is your duty to inform us immediately, or as soon as is reasonably practicable and in any event before leaving the premises. It is specifically agreed between the parties (you and us) that failure by you or a member of your party to notify us of any complaint in accordance with the timescale set out in this clause will entitle us to refuse to deal with the complaint, irrespective of the merits of the complaint.
- Sometimes things may go wrong. If you have a problem, please tell the park reception at the earliest opportunity and, we will do all we can to resolve the matter to your satisfaction.
- If any problem with the W Club means that we have to cancel your booking, if we are at fault, we will refund payments made for the Services not yet provided to you.
- If we cannot resolve your complaint during your stay with us please contact us.
- As a consumer, you have legal rights in relation to this agreement. Advice about those rights is available from Citizen’s Advice Bureau or Trading Standards. Nothing in these terms and conditions will affect these rights.
How to contact us
If you need to contact us about your booking or in connection with these terms and conditions please call our team on 01288 361940, email on firstname.lastname@example.org or write to us at the relevant park address below:
Whalesborough Resort & Spa
18. Entire Agreement
- This Agreement and any documents referred to herein, constitute the whole agreement between us.
- No oral representation shall be part of this Agreement.
- A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
19. Governing Law and Jurisdiction
The laws of England and Wales shall apply to this Agreement and English Courts shall have exclusive jurisdiction.