Terms and Conditions
1. All bookings are made with Military Fitness Ltd. (hereinafter referred to as the Company), Registered Company Number 3836564, whose registered office is Studio 2.08 Power Road Studios 114 Power Road, Chiswick, London, W4 5PY.
2. To book a place, make a deposit payment of £300 or full payment for your chosen package online through www.sunfit.co.uk, or via phone – 020 89962220. Your place will then be confirmed by email.
3. Deposits are non-refundable and non-transferable.
4. The BMF Sunfit holiday (hereinafter referred to as ‘Sunfit’) provided by the Company shall refer to the following items: Sunfit package from Saturday to Saturday – Return transfer from Fuerteventura airport to Playitas Hotel – Accommodation for 7 nights from Saturday to Saturday – Breakfast and dinner each day, commencing from dinner on Saturday of arrival and finishing with breakfast on Saturday of departure – All classes and equipment as per schedule – welcome gifts and welcome pack on arrival – full Event Management from the Company.
5. The contract between you and the Company will come into existence once the Company has received your deposit. The contract will continue until Sunfit has ended at the date and time indicated on the specific notes in point 4. Such expiry shall not affect accrued rights and liabilities of the parties nor any continuing obligations.
6. Once your booking has been confirmed, you must promptly submit the A. online entry form, B. health questionnaire and C. your flight details via the online booking forms emailed to you.
Medical and welfare
1. The aim of any medical screening is to enable enjoyable participation and to ensure, as far as is reasonable, that all risks have been evaluated and understood. If you have any medical condition that may preclude you from Sunfit, you are required to inform the Company before you complete your booking form so that you can be advised of the suitability of Sunfit. In any event, you must notify the Company via the medical declaration included on the online entry form of any medical conditions. If any medical conditions are suffered or arise between the medical declaration being submitted and the Departure Date you must notify the Company immediately. The Company reserves the right to decline or cancel a booking without having to pay any compensation if:
i. any medical condition is disclosed on the medical declaration form;
ii. any medical condition is disclosed after the medical declaration form is submitted but before the Departure Date; or iii. Any medical condition is not disclosed; provided that in the Company’s belief such medical condition is likely to endanger your health and safety and/ or the health and safety of anyone else participating in Sunfit.
2. The Company may require you to obtain confirmation from a medical professional that you are fit to travel and participate in Sunfit. You acknowledge and agree that concerning your medical welfare the Company has a duty of care to you and to the other participants and, as such, if the Company reasonably believes that you are not sufficiently fit to take part in Sunfit, the Company may decline or cancel the booking at any time at their complete discretion.
3. Where you have come into contact with any infectious disease you must notify the Company immediately. Where the Departure Date falls within the accepted quarantine period for transmission of the disease, the Company reserves the right to cancel the booking as set out above; this shall be deemed to be cancellation arising from an event of Force Majeure pursuant to these terms and conditions and no compensation shall be payable to you.
4. You may pay your deposit and balance using any lawful means. The total amount received by the Company’s bank must be no less than the full amount, and paid in the invoiced denomination into the appropriate account of that same denomination. If sending money by electronic (bank) transfer then you must pay the remitter’s (your) fees and the beneficiaries (the Company’s) fees.
5. The balance payment for your trip must reach the Company by no later than the due date as shown below. Due dates for payments will be as follows:
i. First Deposit Payment (£300): required to secure your place on Sunfit
ii. Balance Payment for hotel share room, studio share room or hotel single room respectively): required no later than 4 weeks before the Sunfit holiday.
6. If any interim payment due or the final balance is not received by the due date, the Company reserves the right to cancel your booking and you will forfeit your deposit and any further instalment payments, unless an events team staff member has agreed in writing to a delay in your payment.
7. Bookings after the final balance due date for Sunfit may be accepted, at the Company’s discretion, and according to hotel availability, as long as the appropriate deposit is paid and you undertake to make full payment within 3 working days of your booking being confirmed.
8. Prices quoted are based on costs and exchange rates as at 1 April 2017. The Company will do what it can to mitigate against any rise in the operating costs and strive to keep prices fixed. In the unlikely event that it becomes necessary to amend the price of Sunfit, the following conditions will apply:
i. If increases become necessary, you may cancel your booking without penalty if the increase amounts to more than 10% of the cost of Sunfit;
ii. You will not be charged for any increase of up to 2% of the price of Sunfit and in the event that the price of Sunfit goes down by more than 2% the difference will be repaid to you (though you should note that owing to the way the Company pays for trips, some apparent changes will not impact on the price of Sunfit; the Company tries to give you the advantage of any predicted benefit in the exchange rate with a competitive price from the outset).
Transfers and cancellations
Cancellation by you
9. Notice of cancellation by you must be given in writing. Should you cancel, the following scale of charges will apply:
i. 10 weeks or more before Sunfit Commencement date as per point 4 – loss of deposit. 6 weeks or more but less than 10 weeks before Sunfit Commencement date as per point 4 – loss of 50% of total trip cost, including deposit. 5 weeks or more but less than 6 weeks before Sunfit Commencement date as per point 4 – loss of 100% of total trip cost, including deposit. Similar terms are adopted throughout the travel industry and cover the costs of advance payments made by the Company. Cancellation charges may be covered, in part, by your travel insurance provided the reason for cancellation falls within the terms of the policy.
10. A booking may be transferred to another person who satisfies all the conditions applicable to Sunfit, provided written notice is provided to the Company (with all required forms completed) 31 days or more before departure.
Cancellation by the Company
11. The Company regularly monitors travel advice from the United Kingdom Foreign and Commonwealth Office (the ‘FCO’) and will not knowingly operate trips in contravention of such advice. In the event of civil unrest in a particular region, the Company undertakes to inform clients of the situation as soon as it has knowledge of it.
12. A trip may be cancelled if FCO advice effectively puts the destination country or significant parts of the country out-of-bounds such as to make the principal objective unachievable. If the principal objective remains achievable in observance of FCO advice, the itinerary will be altered and Sunfit will not be cancelled. For example, the FCO may advise that it is unsafe to traverse an area which lies on the published approach route (whether by trip or vehicle), or to visit a specified town. In such circumstances, if the objective can be reached by using an alternative route, that will be done and Sunfit will not be cancelled.
13. If the FCO does not issue unambiguous advice against travel, a disinclination to travel on the basis of a perceived threat or hazard, howsoever formed, will be interpreted as a cancellation and the cancellation charges set out in these booking conditions will apply. This does not affect your right to transfer between trips under the terms of these booking conditions.
14. Non-UK Nationals should consult their own government for advice on travel to the destination country and all countries transited en route. The Company will not be bound by the advice of such foreign governments, nor will any of these booking conditions be waived, save where such advice coincides with the advice of the FCO.
15. Sunfit may be cancelled as a result of an event of Force Majeure, which are events which are unforeseeable and beyond the Company’s control including but not limited to war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, epidemics or health risks, closed or congested airports, ports or stations, changes imposed by re-scheduling or cancellation of transport, adverse weather conditions (whether actual or threatened) avalanche, storm, flood, typhoon, hurricane and technical failure with any form of transport or facility.
16. The Company reserves the right to cancel any Sunfit holiday which does not have sufficient people taking part to make it financially viable, or to cancel your participation alone if not to do so would result in a financial penalty. By the same token, The Company will endeavour to ensure that Sunfit runs if at all possible. If your booking is likely to be cancelled under such circumstances, the Company undertakes to inform you as soon as possible; this may occur after the balance due date but will not occur less than 30 days before the Departure Date.
17. Anyone booked onto a Sunfit holiday which is cancelled by the Company will be entitled to a full refund of the Sunfit package price.
18. The Company will not be liable for any other costs incurred outside of the Sunfit package.
Liability & Insurance
19. Neither the Company nor any of their representatives will be responsible for any illness, injury or death sustained on their Sunfit holidays, except where such illness, injury or death is caused by their negligence or that of their representatives, nor will they be liable for any uninsured loss of personal property.
20. Subject to the provisions of clause 16, the Company’s liability in tort, contract or otherwise, shall be limited to three times the price payable for an individual’s participation. The Company’s liability will also be limited in accordance with and/or in an identical manner to any relevant international Convention (for example, the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation) which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. You can ask for copies of these international conventions from the Company at its registered office.
21. For all Sunfit holidays, it is an express condition of booking that you have adequate travel insurance offering cover for your holiday and the activities you will be undertaking. No liability will be accepted by the Company for any clients travelling without adequate insurance.
22. In case of a suspected or confirmed emergency involving you or the group of which you are a member, the Company reserves the right to arrange (or to make arrangements for its or your insurers to arrange) search, rescue and recovery as it deems appropriate and reasonable. You agree to indemnify the Company and keep the Company indemnified from all losses, apportioned appropriately to you, arising from any such search, any such helicopter usage and any resulting repatriation, for medical or non-medical reasons, including legal costs of making a recovery against you.
23. You will be provided with a list of all equipment required to bring to Sunfit. It is your responsibility to ensure that all equipment is fit for purpose prior to the Departure Date and for the duration of Sunfit. You are responsible for your equipment and belongings during Sunfit and bear the sole responsibility for wear and tear and incidental damage to your equipment.
24. The Company may provide some equipment for Sunfit (such as fitness equipment or safety equipment) and are responsible for the maintenance of such equipment. Where you deliberately or recklessly cause damage to any such equipment, you shall indemnify the Company and keep the Company indemnified from all losses arising from any such wilful or reckless damage so caused including legal costs of making a recovery against you.
25. If you have a complaint during Sunfit, please inform the Sunfit Event Manager immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up by writing to the Head of Events at the Company’s registered office giving your event name, the departure date and all other relevant information and, where possible, evidence. Any such complaint must be received not later than 28 days of the date of your return from Sunfit. Please keep your letter concise and to the point. This will assist in identifying quickly your concerns and speed up the response to you.
26. If you fail to follow this simple procedure, the Company will have been deprived of the opportunity to investigate and rectify your complaint whilst you are in-country and this may affect your rights under this Contract as you will have failed to have mitigated (minimised) your losses and will be unable to recover compensation for this element subsequently.
27. Agents and representatives, other than the Event Manager or Head of Events are not entitled to promise refunds for whatever reason, and the Company will not be bound by any such promises.
28. These booking conditions may only be waived or amended by the Event Manager or Head of Events. Such waivers or amendments will only be made in special circumstances, and must be made in writing to be effective.
29. The terms and conditions of all agreements made with the Company shall be subject to, and governed by, English law and the courts of England and Wales shall have exclusive jurisdiction over any dispute.
30. You must state on your online entry form that you have read and understood all these booking conditions and agree to abide by them.
31. The Company shall ensure that appropriate security measures are in place to protect your personal data (as defined in the Data Protection Act 1998). When you make a booking, you consent to all the information you provide being passed on to the Company’s suppliers, agents, sub-contractors, employees or volunteers whether based inside or outside the European Economic Area for the purposes of our providing you with the Sunfit holiday.
32. By agreeing to these booking conditions, you consent to the Company’s staff taking photographs and/or video footage of you during Sunfit and that these images may be used by the Company for publicity and training purposes including, but not limited to, in brochures, websites material and in the media.
Informed Consent & Liability Waiver
1. It is an express condition of booking that you agree on your online entry form to the following Informed Consent and Liability Waiver:
In consideration of being allowed to participate in the activities and programmes of the Company and to use the facilities and equipment owned and/or under the control of the Company, I do hereby waive, release and forever discharge the Company from any and all responsibility or liability for injuries or damages resulting from my participation in any activities or my use of equipment or facilities in the above mentioned activities, unless such injuries is caused by the negligence error or omission of the Company.
I understand and I am aware that strength, flexibility and aerobic exercise, including the use of equipment, in the outdoors, are potentially hazardous activities. I also understand that exercise and fitness activities involve a risk of injury and even death, and that I am voluntarily participating in these activities and using equipment and facilities with the knowledge of the dangers involved. I hereby agree to expressly assume and accept all and any risks of injury or death.
I am aware that I have the right to request advice from any of the Company’s staff, at any time, in relation to the activities and exercise being undertaken and, but not exclusively, their suitability for me, with particular regard to my health and clothing. If I choose not to take advice, or to disregard any advice so given, I do so voluntarily and accept liability for all resulting injuries or damage.
I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease or infirmity or other illness (other than those declared on the medical questionnaire) that would prevent my participation or use of equipment or facilities except as herein stated. I acknowledge that I have been given my doctors permission to participate in activity and use of equipment and machinery and do hereby assume all responsibility for my participation and activities, and utilisation of equipment and machinery in my activities.