Booking Terms and Conditions

Your Contract

Please read these Terms and Conditions very carefully as they contain important information which govern your Contract with TLSE Ltd and affect your legal rights. In the event of any conflict between these Terms and Conditions and the terms of any TLSE Ltd advertisement or offer, or the oral or written representations of any TLSE Ltd representative, these Terms and Conditions shall prevail.

Interpretation

The following definitions and rules of interpretation apply to these Terms and Conditions.

• ‘TLSE Ltd‘ ,’we‘ ,’us’ and ‘our’ refers to The Luxury Spa Edit Ltd registered office: Marlbridge House, Enterprise Way, Edenbridge, Kent TN8 6HF. Company number 09018466
• ‘our website’ refers to www.theluxuryspaedit.com
• ‘you’ or ‘your’ or ‘guest’ or ‘booking party’ refers to a client or potential client of The Luxury Spa Edit Ltd
• ‘third-party supplier’ or ‘supplier’ refers to the venues and experiences that are advertised on our website
• ‘services’ refers to services advertised on our website as provided by the ‘third-party supplier’ or ‘supplier’
• ‘gift card’ refers to a monetary voucher

The Package Travel and Linked Travel Arrangements Regulation 2018

When TLSE Ltd sell you a combination of accommodation and spa packages or wellness programmes or accommodation and a flight this is a package within the meaning of The Package Travel and Linked Travel Arrangements Regulation 2018 (hereinafter referred to as the Package Travel Regulation). Therefore, you will benefit from all rights applying to packages. TLSE Ltd will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, TLSE Ltd has protection in place to refund your payments in the event that it becomes insolvent.

Your Financial Protection

TLSE Ltd is a member of the Protected Trust Services (PTS). PTS offers all member companies a trust account and insurance model which ensures all consumer money is fully protected. PTS members are fully package travel regulation compliant. All consumers can check the PTS membership of a company prior to booking. PTS is FCA registered to ensure trust and confidence when booking with any PTS member: www.protectedtrustservices.com/consumer

TLSE Ltd is an authorised ATOL holder (license number 12120). Some of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/atolcertificate.

Bookings

Bookings can be made online or by telephone and are subject to availability.

Bookings are not confirmed until you receive a booking confirmation notification via email or by post from TLSE Ltd. A confirmed booking constitutes a binding Contract between TLSE Ltd and you.

Bookings must be paid in full on receipt of booking confirmation and are non- refundable unless cancelled by TLSE Ltd or a third-party supplier (as seen in ‘Cancellations’). Please note that some of TLSE Ltd suppliers require full payment at the time of booking. All TLSE Ltd bookings are subject to the third-party supplier’s own terms and conditions.

When you receive your booking documents from TLSE Ltd please check these very carefully to make sure that your name and the names of everyone in your booking party is correct and match the names in your passport. Please ensure that all dates and times are correct and in accordance with your confirmation notification. If there is anything that is not correct you must inform us immediately upon receipt of your documents. Failure to do so may result in additional charges.

It is your responsibility and essential to present your booking confirmation documents at the third-party supplier venue on arrival.

Prior to confirming a booking TLSE Ltd recommend that you and your booking party check your venue, room type, treatments and programme information to ensure you and your booking party needs are met.

Bookings as an Agent

For some of the holidays we sell we are acting as an agent for carefully chosen luxury tour operators. In this instance the tour operator is the Principle booking agent and their terms and conditions will apply. We will inform you of their terms and condition before completion of your booking.

Payments

In some instances a deposit may be required to make a reservation. The deposit amount will be determined at time of booking. All reservations are subject to cancellation if the full deposit is not received within the option period specified at the time of booking. Deposits are non-refundable unless TLSE Ltd or our third-party supplier cancels your booking as seen in ‘Cancellations’.

Final payment in the form of a debit or credit card (Visa®, MasterCard®) or bank transfer must be received on the date stipulated at the time of booking. Payment policy for group bookings may vary.

Failure to strictly comply with the deposit and final payment schedules, or any other applicable policies and procedures, will result in the automatic cancellation of any pending reservations and Contracts.

Prices

Prices may differ to the ‘Prices From’ seen on our website. This will depend on the room type, season and availability. We will advise you of the exact price of your spa experience, stay, spa break or wellness holiday before you confirm your booking.

Published prices may also vary upwards or downwards due to changes in government action such as changes in VAT, level of other taxes and fees, tourist taxes, or any other government-imposed changes or exchange rate variations. If the increase is an increase of 8% you may cancel the Contract and receive a full refund of all monies paid except for any administration charges. No consequential costs or expenses or loss of profits will be payable. Should you decide to exercise your right to cancel where there is an increase of 8% or more, then you must exercise this within 14 days after the date notified or presentation of the further invoice or such other time as may be reasonably requested. Alternatively, you can accept an offer of an alternative TLSE Ltd package. If the cost of the alternative package is less than the original package, the difference in price will be refundable. If the cost of the alternative package is more you will be liable for the increase in price should you wish to book this. Where you do not confirm within 14 days or with a the period specific whether you wish to accept the proposed change or terminate the contract TLSE may terminate the contact and refund all payments made except for any administration charges without undue delay and in any event not later than 14 days after the contract is terminated.

Booking Amendments

Any changes to an existing booking that are made after receipt of a booking confirmation will be charged at £50 per change and may also be subject to the third-party supplier’s individual amendment policies. TLSE Ltd will not charge you if the change cannot be implemented. Please note that not all requested amendments will be granted. No changes can be made without this being agreed by the third-party supplier.

Cancellations

If you wish to cancel your booking you must inform TLSE Ltd in writing by emailing [email protected].

Your notice of cancellation will only take effect when it is received in writing by TLSE Ltd and will be effective from the date on which we receive it. Since we incur costs in cancelling your arrangements, you will be subject to the applicable cancellation charges shown below.

Any non-arrivals are non-refundable.

If a third-party supplier cancels a booking you will be offered an alternative booking with a third-party supplier on our website, a voucher or a refund. Refunds will only be made available on the card used on the booking.

Passports, Visas, Vaccinations and Insurance

It is a condition of this contract that you must have travel insurance (to include Covid 19 cover) in place for you and your booking party for the entire duration of the booking. Details of the insurance policy, must include medical and repatriation cover (limits of coverage of not less than £1,000,000 is expected). You and your booking party should retain valuables such as cash, negotiable securities or other financial instruments, gold, silverware, photographic/video/audio equipment or supplies, laptop computers, cellular phones or other valuables in your personal control at all times as TLSE Ltd is not responsible for any damage to or loss of these items.

It is a term of this contract that you are responsible for obtaining proper documentation for you and your booking party. You and your booking party must each hold a full valid passport and relevant visa (if required) valid for the duration of the package. TLSE Ltd is not responsible for obtaining passports or visas for you or your booking party; this is your responsibility.

It is a term of this contract that you and your booking party are responsible for obtaining any vaccinations required to travel to your destination: https:// www.nhs.uk/conditions/travel-vaccinations/

Wellness Programmes, Spa Treatments and Facilities

Many wellness programmes and treatments are for over 18’s only. If you wish to book a programme or treatment for a person under the age of 18 you must inform TLSE Ltd at the time of booking.

Please note that some spa treatments and wellness programmes are not suitable for people suffering with certain health conditions. Please inform a TLSE Ltd representative of any health concerns of your or your booking party at the time of booking.

At times our third-party suppliers may have to make changes to wellness programmes, classes, treatments and treatment times due to unavoidable or unforeseen circumstances which could not have been avoided even if all reasonable measures had been taken. TLSE Ltd will strive to inform you of any changes, however on occasion, often due to staff ratios and demand, this may happen during your visit and we do not accept responsibility for this. As it is out of our control TLSE Ltd cannot guarantee that all of our third-party supplier spa facilities will be fully working at all times of your visit.

Health Considerations and Accessibility

By booking a TLSE Ltd spa experience, stay, spa break or holiday, you and your booking party represent yourselves as physically and otherwise fit to travel. If you are experiencing any health problems you must advise us at the time of booking.

In order to ensure that we can provide adequate assistance, and also consider whether the spa experience, stay, spa break or holiday is generally suitable for any person with reduced mobility you must notify us of any special needs of you or your booking party at the time of booking. If you need an accessible room, then you must ensure that this is booked – as there may be a limited number of rooms available. If you or your booking party require a wheelchair throughout your holiday you must make provisions for the use of that wheelchair prior to the holiday.

Should you need medical assistance whilst on your holiday It is your obligation and responsibility to seek such assistance. You recognise and accept that TLSE Ltd is not in the business of providing medical services and shall not be liable for any death, personal injury, illness, emotional distress, mental suffering or psychological injury caused by reason of any treatment, diagnosis, advice, examination, prescription or other service provided by any medical personnel or, by the failure of such medical personnel to provide any treatment, diagnosis, advice, examination, prescription or other service.

Extras During Your Stay

Your booking with TLSE Ltd only includes the services set out in your booking confirmation. Any extra costs must be settled directly with the supplier of such services. We accept no liability for any charges you incur in relation to any extras outside of your booking.

Special Requests

Special requests are at the discretion of our third party supplier. Whilst we strive to implement all special requests we cannot guarantee these will be implemented.

Significant Alteration of Your Booking by TLSE Ltd Prior to Departure

Occasionally it may be necessary on commercial, operational or any other grounds to make Significant Alterations to a booking and TLSE Ltd reserves the right to do so at any time, including change of departure date or cancellation of the booking. In the event of a significant alteration prior to departure TLSE Ltd will inform you of any cancellation or change of itinerary in writing as soon as reasonably possible. In these circumstances you will be offered the choice of: (i) accepting the alteration; (ii) another booking of equivalent or superior quality (if available) (If you decide to book a superior quality alternative you will be liable to pay any difference in price which is in excess of £50 per person); (iii) a lower quality booking, if available, with a refund of the difference in price; or (iv) cancelling and receiving a full refund of all monies paid.

You must notify TLSE Ltd of your decision in writing within 7 days of receiving the notification of alteration or such time as may be reasonably stipulated. You shall not be entitled to receive compensation where the Significant Alteration is due to:(i) an event of unavoidable and extraordinary circumstances, the consequences of which could not have been avoided even if all reasonable measures had been taken; or (ii) where in case of group bookings the minimum number of guests specified as being required for a package to proceed is not reached and TLSE Ltd notifies the guests of the cancellation of the holiday contract no later than:

20 days before the start of the holiday in the case of trips lasting more than 6 days
7 days before the start of the holiday in the case of trips lasting between 2 and 6 days
48 hours before the start of the holiday in the case of trips lasting less than 2 days

Transfer of a Spa Experience or Holiday

A booking may be transferred to another guest who can comply with all the terms of the contract provided that TLSE Ltd receives the transfer request more than 60 days before the scheduled departure date. Where TLSE agrees to the transfer, both you and the substituted guest shall be jointly and severally liable for the payment of any balance due and for any reasonable additional fees, charges or other costs arising from the transfer. Transfers of a guest will be subject to an administration charge of £50.

Your Behaviour

All TLSE Ltd bookings are subject to the third-party supplier’s own terms and conditions and it is your responsibility to act accordingly to adhere to these whilst you are at the venue.

If we or any other person in authority is of the reasonable opinion that you are behaving in such a way as to cause or be likely to cause danger or upset to any other person (including our staff or agents) or damage to property, or could be disruptive or is/are suffering from a contagious disease, we will be entitled to terminate your holiday. You will not be allowed to proceed with your travel arrangements and/or will be required to leave the accommodation or other service and we will have no further responsibility to you including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your booking party during your time away. Payment must be made direct at the time to the service supplier concerned, failing which you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full costs and expenses including legal costs) as a result of your actions or those of any member of your booking party.

Spa Days, Accommodation Only and Packages

When TLSE Ltd sell you a combination of accommodation and spa packages or wellness programmes or accommodation and a flight this constitutes a ‘package’ within the meaning of The Package Travel and Linked Travel Arrangements Regulation 2018. Please note that the spa days without accommodation and ‘accommodation only’ that we sell without a spa or wellness package does not constitute a ‘package’ under The Package Travel and Linked Travel Arrangements Regulation 2018.

Our Reviews and Recommendations

All of our reviews and recommendations are the opinions of the individual expert, journalist or writer. TLSE Ltd do not take responsibility for their opinions or recommendations.

Website Content and Accuracy

TLSE Ltd strive to ensure that all the information on our website is accurate. However, content is subject to change from time to time. TLSE Ltd do not take any liability for incorrect information. If an error or omission is discovered, we will always try to advise you prior to your booking.

Images and information for spa days, stays, spa breaks and wellness holidays advertised on our website are provided by our third party suppliers. In some instances accommodation types, programmes and treatment offerings may differ to the images and information advertised.

Complaints

Any problem which arises during your spa day, stay, spa break or wellness holiday must be raised by you at the time of the incident with a representative of your venue and a TLSE Ltd representative. Failure by you to notify representatives about any lack of conformity may be taken into account when determining any price reduction or compensation for damages where such notice would have avoided or reduced the damage. If the problem is not resolved to your full satisfaction during your spa day, spa break, stay or wellness holiday to enable TLSE Ltd to investigate your complaint fully, you need to notify TLSE Ltd in writing by email – [email protected] – no later than 28 days after your return from the venue. Failure to report your complaint within this timescale could adversely affect TLSE Ltd ability to investigate and deal with your complaint and could prejudice any future claim.

Gift Cards

The contract for Gift Cards is between you and TLSE Ltd, but the fulfilment of the experience is that of the third-party supplier venue.

Gift Cards are redeemable for spa days, stays, spa breaks and wellness holidays at our advertised third-party supplier venues.

Gift Cards are NOT redeemable directly with third-party supplier venues – they must be redeemed through TLSE Ltd. To redeem your gift card please visit www.theluxuryspaedit.com.

Gift Card purchases are subject to a 14 day cooling off period. Should you wish to cancel your Gift Card during this period refunds will only be made available on the card used to purchase the gift card.

Gift Cards are valid for 12 months from the date of purchase.

Gift Cards are to be used solely to redeem spa days, stays, spa breaks, and wellness holidays as advertised through our website. They may not be redeemed against incidental hotel costs, treatments or additional services.

In the event the Gift Card is lost, or stolen contact should be made to TLSE Ltd by e-mail – [email protected] – where the lost or stolen card will be cancelled, and a replacement card will be arranged to be sent by recorded delivery. A fee of £25 and postage and packaging will be payable for the replacement Gift Card. Alternatively we can send you a replacement e-gift card free of charge.

When you purchase a Gift Card, we process your and, if applicable the Gift Card recipient’s personal data for the purposes of managing and successfully completing your purchase of the gift card. If you are purchasing the Gift Card for another person, we will process additional personal data for the purpose of delivering the gift card to the recipient by email or by recorded delivery post.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under the contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

Terms Subject to Change

TLSE Ltd reserves the right to change all prices and other terms and conditions which appear in the TLSE Ltd website without prior notice. Price changes will not affect bookings with timely final payment, except where the increase results from increases in Taxes, Fees and government Expenses. Prices can go up or down so you will be given the most up-to-date price of your holiday at the time of booking.

Exclusion of Liability and Statutory Rights

TLSE Ltd take no liability for death or personal injury or damages caused by the negligence of our third-party suppliers’ employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

TLSE Ltd is not responsible for any improper or non-performance of any services forming part of the holiday which are wholly attributable to the fault of you or a member of your booking party, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unavoidable and extraordinary circumstances beyond the control of TLSE Ltd and/or the relevant supplier, the consequences of which could not have been avoided even if all reasonable measures had been taken.

Notwithstanding anything to the contrary elsewhere in these Booking Conditions, TLSE Ltd shall not in any circumstances be liable to you or your booking party for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness, any liability TLSE Ltd may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which you paid for the Contract not including insurance premiums and administration charges. TLSE Ltd will not at any time be liable for any loss of or damage to valuables of any nature.

The third party supplier may have service providers and shuttle services who operate as independent contractors. TLSE Ltd is not liable for the acts of omissions of independent contractors. TLSE Ltd is not responsible for their performance or products. These contractors may include a doctor, medical personnel, hairdresser, manicurist, masseuse, photographer, entertainer, fitness instructors, spa personnel, beauticians, internet/I.T. personnel or other instructional concessionaires and others providing services. The limitations referred to herein shall apply to all independent contractors. These contractors work directly for you or your booking party when performing their services. TLSE will not be responsible for any such contractor’s acts or omissions in providing goods or services to you or your booking party.

Such independent contractors, including any Shore Excursion providers that you contract with directly while staying at your accommodation, do not at any time act as agents or representatives of TLSE Ltd. TLSE Ltd do not own or control any such independent contractors, makes no representation of any kind as to their performance and does not undertake to supervise or control their activities. Any guest using the services or activities of such independent contractors shall be deemed to agree and consent that any liability for any death, personal injury, illness, emotional distress, mental suffering or psychological injury to such guest or loss of or damage to property shall be the sole responsibility of the independent contractor providing such service or activity. TLSE Ltd shall not be or become liable or responsible in any way for any act or omission of any such independent contractors pertaining to,or arising from, or in connection with, such services or activities.

TLSE Ltd will not pay you or your booking party for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and/or prompt performance of the Contract is prevented by reason of war, or threat of war, riot, civil strife, industrial dispute whether by SPE employees or other, terrorist activity or the threat of terrorist activity, failure of suppliers of power, health risks or epidemics, natural or nuclear disaster, fire or adverse weather conditions or adverse sea states. Any guest’s deliberate exposure to unnecessary danger or the consequences of participating in an unusual and dangerous activity and all similar circumstances are out the control of TLSE Ltd.

Data Protection

We will comply with all applicable requirements of the Data Protection Legislation in relation to any personal data processed in connection with the performance by us of our obligations in relation to your travel arrangements. We shall process your personal data only to the extent, and in such a manner, as is necessary and shall not process your personal data for any other purpose.

The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.

If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request.

Nothing in our terms and conditions affects your statutory rights.

These Booking Terms and Conditions are subject to the laws of England and Wales and any dispute(s) will be exclusively dealt with by the Courts of England and Wales.