top of page

Service Agreement

This agreement applies as between you, the User of the services (as identified below and hereinafter, the “Client”) and The Lifestyle Treat LTD of Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom, the provider of the services hereinafter, the “Service Provider”). Your agreement to comply with and be bound by these terms of service is deemed to occur upon your first use of the services. If you do not agree to be bound by these terms of service, you should stop using the services immediately.

 

  1. Provision of the Services

    1. The Service Provider shall supply, and the Client shall purchase the services in accordance with the accepted booking, whether so produced electronically or in print, (collectively the “accepted booking”) which are subject to and expressly incorporated into this agreement.

    2. The Contract shall be to the exclusion of any other terms and conditions subject to which any such booking is accepted or purported to be accepted, by the Client.

    3. This agreement is for services to take place at the time and place as provided in the accepted booking, as applicable, (such services are collectively referred to as “Services”).

    4. Nothing in this Agreement will be deemed to require Service Provider to undertake any act or perform any services which in its good faith judgment would be misleading, false, libellous, unlawful, in breach of a contract, or otherwise prejudicial to Client’s or Service Provider’s interests.

    5. Subject to this Agreement, during the Agreement Term, Service Provider hereby grants Client limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for the intended purposes.

    6. Client agrees that access to and the use of the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.

    7. With effect from the Commencement Date as set out in the accepted booking, the Service Provider shall, throughout the Term of this Agreement, provide the Services to the Client.

    8. The Service Provider shall provide the Services with reasonable skill and care, commensurate with prevailing standards.

    9. The Service Provider shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services provided in the accepted booking.

    10. The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.

    11. The Service Provider shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by the Client, subject to the Client’s acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.

 

  1. Client’s Obligation

    1. The Client shall use all reasonable endeavours to provide all pertinent information to the Service Provider that is necessary for the Service Provider’s provision of the Services.

    2. The Client may, from time to time, issue reasonable instructions to the Service Provider in relation to the Service Provider’s provision of the Services. Any such instructions should be compatible with the specification of the Services provided in the accepted booking.

    3. Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions of this Clause 2 shall not be the responsibility or fault of the Service Provider.

    4. The Client is responsible to check and fulfil the passport, visa, health, insurance, travel insurance and immigration requirements applicable to the booking. The Service Provider can only provide general information about this. The Client must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates as applicable.

    5. Travel and Tours points out the possibility of taking out travel cancellation insurance at the time of booking in order to minimise the cost risk in the event of cancellations by the customer.

    6. The customer is also advised that travel cancellation insurance does not usually cover the damage that may arise due to a cancellation of the use of travel services after their commencement, even if this is not the customer's fault. As a rule, separate travel interruption insurance must be taken out for this case.

    7. The Service Provider also recommends that sufficient health insurance cover be taken out for trips abroad.

 

  1. No Warranty of Success

Nothing contained in this Agreement shall be construed as a warranty on the part of either Party that the Services will yield any Result or otherwise be successful or the outcome of the Services will be utilisable in any respect.

 

  1. Fees and Payment

    1. The purchase price for the Services shall be paid simultaneously with the execution of this Agreement and in line with the by the Client accepted booking or as stipulated on the Service Provider's website or as expressly agreed in writing between the Parties, as applicable.

    2. Client shall deliver a signed copy of this Agreement (which may be executed and delivered electronically), along with payment for the purchase price by electronic transfer or wire transfer to an account designated by the Service Provider, or by any combination of such methods, as applicable and expressly agreed to in writing by the Service Provider.

    3. All prices for Services are calculated in GBP and Client will be charged in GBP.

    4. Client is responsible for any VAT imposed on the Services except in cases where legislation requires Service Provider to collect VAT.

    5. Reselling of the Services to third parties is not permitted.

 

  1. Cooling-off, Cancellation and Refunds

    1. Cooling-off. In line with the Consumer Contracts Regulations 2013 the Client can after purchasing access to the Program, cancel the provision of services within 14 days of the purchase at any time. Nonetheless, the right to cancel expires prematurely and before the end of the 14 days cooling off period if:

      1. the Client has expressly requested that the services commence before the end of the 14 days cooling-off period and has thus waived his/her cancellation right, and

      2. the Client has accessed the Services before the end of the 14 days cooling-off period and has thus waived his/her cancellation right.

    2. To request a cancellation, Client must email info@thelifestyletreat.com within 14 days of the purchase date.

    3. Cancellation. Unless Client has participated in a promotion, Client may be entitled to a refund, If Client cancels his/her booking within 30 days of the Service.

    4. Service Provider shall refund to the same payment method used by the Client upon booking. To request a refund, Client must email info@thelifestyletreat.com.

    5. If Client cancels a Booking with less than 30 days of the Service and up to 7 Days, the Service Provider will offer to reschedule the booking to another date that is more convenient for the Client.

    6. If Client cancels with less than 7 Days prior to the booking taking place or not at all arrive (“No Show”) without notifying the Service Provider in good time, the Client will not be eligible to reschedule to another date and no requests of reimbursement or liability or recourse claims can be made against the Service Provider.

 

  1. Term, Termination, and Effects of Termination

    1. This Agreement shall come into force on the dated specified in the booking and shall continue for a Term as specified in the booking from that date, subject to the provisions of this Agreement.

    2. Either Party shall have the right, subject to the agreement and consent of the other Party and exercisable by giving not less than 5 days written notice to the other at any time prior to the expiry of the program (or any further period for which this Agreement has been extended pursuant to this provision) and in accordance with Clause 6.2. of this Agreement.

    3. Either Party may immediately terminate this Agreement by giving written notice to the other Party if:

      1. the other Party commits any other breach of any of the provisions of this Agreement and, if the breach is capable of remedy, fails to remedy it within 7 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;

      2. an encumbrancer takes possession, or where a receiver is appointed, of any of the property or assets of that other Party or, becomes subject to an administration order or has a bankruptcy order made against it or goes into liquidation or anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;

      3. that other Party ceases, or threatens to cease, to carry on business;

    4. For the purposes of Clause 6.5 a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.

    5. The rights to terminate this Agreement given by this Clause shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.

    6. Upon the termination of this Agreement for any reason:

      1. any sum owing by either Party to the other under any of the provisions of this Agreement shall become immediately due and payable;

      2. all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of this Agreement shall remain in full force and effect;

      3. termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of this Agreement which existed at or before the date of termination;

      4. subject as provided in this Clause and except in respect of any accrued rights neither Party shall be under any further obligation to the other.

 

  1. Liability

    1. In no event will Service Provider be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

    2. In the event that the Service Provider fails to perform the Services with reasonable care and skill it shall carry out any and all necessary remedial action at no additional cost to the Client.

    3. The Service Provider shall not be liable for any loss or damage suffered by the Client that results from the Client’s failure to follow any instructions given by the Service Provider.

    4. Notwithstanding anything to the contrary contained herein, liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by Client within the one month before action.

    5. The Client shall indemnify the Service Provider against any costs, liability, damages, loss, claims, or proceedings arising from loss or damage to any equipment caused by the Client.

    6. Neither Party shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.

    7. Certain Jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

 

  1. Intellectual Property Ownership

    1. Service Provider alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or any other party relating to the Service.

    2. This Agreement is not a sale and does not convey to Client any rights of ownership in or related to the Service, the Content, and the Service or the Intellectual Property Rights owned by Service Provider.

    3. Client shall not modify, remove or destroy any proprietary markings or confidential legends placed upon or contained within the Service Content, the Documentation, or any related materials.

    4. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Service Content, the Documentation, or any related materials shall remain the sole and exclusive property of Service Provider.

 

  1. Privacy

    1. The Client hereby acknowledges and consents to the Service Provider sharing and exchanging his/her information held in order to administer and operate the Services and providing the Service Provider and/or third parties with the Information for the administration and operation and provision of the Services rendered under this Agreement.

    2. The Client further accepts that this may involve the Information being sent to a country outside the country in which the Client provides services including to a country which may not have the same level of data protection laws as his/her home country.

    3. The Client acknowledges that s/he has the right to request a list of the names and addresses of any potential recipients of the Information and to review and correct the Information held by Service Provider.

    4. The Client acknowledges that the collection, processing, and transfer of the Information is important to Service and Contract administration and that failure to consent to same may prohibit participation in the Services.

 

  1. Entire Agreement

    1. This Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.

    2. Each Party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

  1. Force Majeure

    1. In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike, or lockout, or non-availability resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship, the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

 

  1. Waiver

No waiver by the Service Provider of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

  1. Third Party Rights

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

  1. Severance

If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.

 

  1. Dispute Resolution

  2. The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.

  3. If negotiations do not resolve the matter within 15 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties.

  4. Nothing in this Clause shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.

 

  1. Law and Jurisdiction

This Agreement shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

bottom of page