Figs on the Funcho strive to ensure that our client’s interest is always protected before making any booking please read and ensure you are happy with our terms and conditions.

All bookings are subject to agreeing these terms and conditions.

RETREAT AGREEMENT

THIS AGREEMENT comprises the particulars detailed above and the terms and conditions printed overleaf.

Terms and Conditions

Agreement

1. The agreement between us and you and which is subject to these terms and conditions (“Contract”) shall come into effect on the date of our booking confirmation letter or email (which shall be sent to you following our receipt of the Deposit).
2. We may at our complete discretion refuse any booking and shall not be obliged to provide any reason for such refusal. In exceptional circumstances, we may be required to cancel your booking and if we do, we shall provide you with a full refund. We shall not be liable for any associated costs that you may have incurred in relation to the booking.
3. Please check your confirmation email and any other documents you receive from us and notify us within 7 days of receipt of any information that appears to be incorrect as it may not be possible to change it after this date. If you want to make any changes to any part of your booking, then if we agree to such changes, we reserve the right to make additional charges including an administration charge.
4. By signing this agreement, you warrant that:
   1. you are over 18 years of age and that you have full legal capacity to enter into this agreement;
   2. the booking is subject to these terms and conditions;
   3. you have not been convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed);
   4. all information provided to us is true and accurate and not misleading in any way;
   5. you have disclosed all relevant information about any mobility problems, special needs or medical conditions on the Booking Form;
   6. you have appropriate travel insurance in place to cover your stay at the Property during the Retreat Period;
   7. any reviews that you may write in relation to the Property or the Retreat shall be true and accurate and not misleading and shall not contain any defamatory statements about us, the Retreat or the Property;
   8. you will provide us at least 2 weeks prior to the first day of the Retreat Period all information requested in order for us to pass it on to the Portuguese Immigration and Borders Service.

Payment and Deposits

5. To reserve your place, you must within 3 days of us emailing you the Booking Form:
   1. complete and sign the Booking Form and return it to us by emailing it to graham@figsonthefuncho.com or by posting it to us at
   2. Apartado 000206, EC S Bartolomeu De Messines, 8375-999, Sao Bartolomeu De Messines, Portugal; and
   3. pay the Deposit (as set out above) by making a direct transfer from your bank to our bank account.

6. The Balance is payable as set out above. If the Balance is not received before such date, we reserve the right to cancel your booking and retain your Deposit.
7. If you book the Retreat less than 8 weeks before the first day of the Retreat Period (“Start Date”), the Total Payment shall be payable at the time of making the booking.
8. At present we are not registered for Value Added tax (VAT). If we become registered for VAT between the date of your booking and the expiry of the Retreat Period we may charge you VAT at the relevant rate.
9. All payments shall be made in Euros and shall be made by direct bank transfer to the bank account.  We may agree that you can pay by debit or credit card and we reserve the right to charge a 4 – 10% handling fee if we agree to take payment by this method.
10. We reserve the right to charge interest at the rate of 4% above the Base Lending Rate for the time being of Santander Plc on any payments due from you under this agreement which is more than 3 days in arrears in respect of the period from when it became due to the date of payment.
11. No interest will be payable to you in relation to any deposit.
12. Payment does not include travel costs to and from the Retreat unless otherwise stated.

Cancellation

13. Should you decide to cancel your reservation and we confirm receipt of notice of cancellation more than 8 weeks before the Start Date, you shall be entitled to a refund of the total amount paid by you to us in relation to such booking less a cancellation charge equal to the amount of the Deposit paid by you.
14. If we confirm receipt of notice of cancellation of your reservation 8 weeks or less before the Start Date, the Balance remains payable. If you can arrange for someone to take your place or we may have someone on the waiting list for the entire Retreat Period, we will refund to you the amounts paid to us by the new guest, less an administration charge of 15% of the monies paid by you to us in relation to your booking with us.
15. Any cancellation must be sent:
    1. in writing to Graham Smith of Apartado 000206, EC S Bartolomeu De Messines, 8375-999, Sao Bartolomeu De Messines, Portugal
       ; or
    2. by email to graham@figsonthefuncho.com.
16. A cancellation is only effective once we have confirmed receipt of cancellation to you. If you do not hear from us within 48 hours of you sending us an email (or within 5 days of you sending us a letter) to cancel your booking, you should call us on +351 912 595 539
    to confirm the cancellation.
17. We reserve the right to cancel your booking at any time (whether before or during the Retreat Period) in the event of circumstances beyond our reasonable control or if it is necessary to undertake essential works at the Property. In such unlikely event, we will refund in full all monies paid by you to us in relation to your booking and will endeavour to find alternative accommodation for you (the cost of such alternative accommodation to be borne by you).
18. Under no circumstance shall we be liable (other than to the extent of refunding any amounts paid by you in relation to such booking) in any way or for any reason as a result of us cancelling your booking and we shall not be liable for any travel costs or any other costs that you have incurred in connection with the booking.

Your obligations

19. You will at all times during the Retreat Period:
    1. keep the interior of the Property in a good, clean state and condition and not cause damage to the Property or any part of it, its grounds or any of its contents;
    2. not do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to the group or any owners or occupiers of adjoining or nearby premises (including playing music at loud volumes at any time) or which may in any way prejudice the insurance of the Property or cause an increase in the premium payable for the insurance of the Property;
    3. vacate the Property by 11am on the last day of the Retreat Period (except where we have agreed otherwise in writing in advance);
    4. notify our appointed representatives as soon as you become aware of any damage, loss, defects or impairment to the Property, its grounds or any of its contents;
    5. comply with all instructions for appliances and contents in the Property;
    6. not use the Property or allow its use for any dangerous, offensive, noisy, illegal or immoral activities;
    7. comply with any reasonable regulations relating to the Property of which you have written notice such as local conditions regarding parking, waste disposal and recycling;
    8. not smoke inside the Property;
    9. ensure that you are showered before entering the pool;
    10. not to use open flame candles at the Property;
    11. ensure that you are in good mental and physical health and are unaware of any reason why you may be particularly unsuited to taking part in the Retreat activities or may be likely to suffer illness or injury during the Retreat activities.

Termination by us

20. We may terminate this agreement on immediate notice to you and require that you vacate the Property immediately if we reasonably believe that you have breached any provision of this agreement. In such circumstances, no refunds of any amount paid by you in relation to your booking of the Retreat shall be payable to you and we shall not be liable in any circumstances for any costs associated with the booking.

Liability

21. Nothing in these terms and conditions will limit or exclude our liability to you for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law.
22. Subject to clauses 21, 23, 24 and 25, our total liability to you (whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement) shall in all circumstances be limited to the price paid by you for your booking of the Retreat for the Retreat Period.
23. We exclude all liability for any matter which has not been notified to us in writing within 14 days of the end of the Retreat Period.
24. We shall not be liable for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you booking the Retreat.
25. We exclude all liability for:
    1. any temporary defect or stoppage in the supply of public services to the Property that are beyond our control;
    2. illness caused by use of the pool or any part of the Property;
    3. any loss or damage to any motor vehicle or its contents parked at our near the Property;
    4. any loss or damage to any of your belongings unless caused by our negligence or default and brought to our attention in writing within 14 days of your return from the Property; or
    5. any injuries sustained by you (unless caused by our negligence);
    6. any necessary building works or repair works carried out by us or any building or repair works carried out by any other person.
26. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
27. Where we have not expressly stated in our advertising materials that the Property benefits from a facility or appliance, we make no warranty or representation that such facility or appliance is included at the Property and we shall not be liable for not providing such facility or appliance.
28. Where we provide local tourist information leaflets and information about shops, restaurants and pubs or any other goods or services provided by a third party, we make no representation as to such goods or services and accept no liability in relation to them or for any loss or damage that may arise from your use of them.
29. We make every effort to ensure the accuracy of the description of the Property and the Retreat and all information provided on our website or in any other materials produced by us about the Property or the Retreat is given in good faith and is believed to be correct. However we will not be responsible for any inaccuracies.
30. You shall be liable for and indemnify us against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by us arising from (i) your breach of the terms of this agreement, (ii) your use or occupation of the Property or (iii) any negligence or wilful default of you. Expenses recoverable shall include, but not be limited to, court, reasonable legal and experts’ fees incurred in advising on and initiating action to enforce the terms of this agreement and in defending actions and claims initiated without regard to the terms of this agreement.

Complaints

31. If you have any cause for complaint during the Retreat Period, you must notify either us as soon as possible during the Retreat Period. We will make all reasonable efforts to assist and resolve your complaint. We will not normally make any refund or other recompense in respect of a complaint made after the expiry of the Retreat Period if the complaint was not made known to us during the Retreat Period.
32. In the event that any defamatory, untruthful, inaccurate, misleading, malicious or spiteful reviews or comments are made about us. the Retreat or the Property in any form of media (including on the internet), we reserve the right to take all necessary legal action against you to seek damages or any other remedy that we deem appropriate.

General

33. This agreement and the Booking Form constitute the entire agreement and understanding between us and supersede any previous arrangement, understanding or agreement between us relating to the Property or the Retreat.
34. No variation of this agreement shall be valid unless it is in writing and signed by each of us.
35. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
36. 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 and the remainder of the provision in question shall not be affected.
37. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
38. We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).