Legal
Spa Terms & Conditions
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Information about us
The W Club Spa is operated and run by UKGP Whalesborough Limited, trading as The W Club Spa (“we”, “us”). Our main trading address is Whalesborough Farm, Marhamchurch, Bude, Cornwall EX23 0JD. UKGP Whalesborough Limited is registered in England and Wales under company number 14536788, with its registered office at Windsor House, Bayshill Road, Cheltenham, Gloucestershire GL50 3AT.
Any reference in these terms to “us” means The W Club Spa, and any reference to “you” means the individual making a booking to use the wellbeing, health and spa facilities (“Services”).
1. Bookings
- All bookings are formally confirmed when we issue you with a confirmation invoice. The confirmation invoice sets out the details of the treatment or package booked, the dates booked, the total amount payable 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. Where such bookings are accepted, it is on the understanding that all occupants agree to adhere to these terms and conditions.
- We do not knowingly allow any guest to use or visit our facilities who has an unspent criminal conviction, an entry on a criminal register (including the sex offenders' register), any record indicating antisocial behaviour, violence, abuse, public disorder or criminal damage, who is a convicted sex offender subject to the notification requirements of the Sexual Offences Act 2003, or who is subject to a Risk of Sexual Harm Order or Child Abduction Notice. If this information is not disclosed and later becomes known to us, we reserve the right to cancel your booking and require you and your party to leave, 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. You agree to adhere to these terms in respect of any booking made.
- As the person making the booking, you are responsible for all members of your party. You must be at least 18 years old at the time of booking.
- We reserve the right to terminate any booking should you or any member of your party breach these terms.
- For online bookings, payment is required at the time of booking. For bookings made by phone you will receive a “pay by link” request; to secure your booking, payment must be made within 24 hours. We accept all major credit cards (except American Express), valid in-date gift vouchers, and cash for bookings made in person.
3. Voucher sales and redemptions
- Vouchers are valid for 12 months from the date of purchase and must be used within that period.
- Vouchers are non-transferable; they cannot be exchanged, extended or refunded.
- Spa package vouchers are only valid on the package for which they were purchased.
- Voucher codes must be presented for redemption.
4. Special offers
- Any special offers or discounts are only valid if claimed at the time you make your booking.
- All discounts and special offers are subject to availability.
- Treatment offers are not available in conjunction with any other offer or discount unless specifically stated within the offer terms.
- We reserve the right to withdraw an offer without notice at any time.
5. Alterations to your booking
- You must provide the names of all persons attending and notify us of any change of guest as soon as possible before your arrival date.
- If you wish to alter your treatment or booking date, you must notify us at least 48 hours in advance. We will endeavour to accommodate your request but cannot guarantee it.
- Where we are able to amend your booking and the price changes as a result, any additional charge is payable at the time of amendment; any overpayment will be refunded. Refunds can take 3–5 working days to process.
6. Cancellation of your booking
- Please check all information in your confirmation email as soon as possible and contact us promptly with any discrepancies to avoid cancellation charges.
- You may cancel your booking at any time; cancellation is effective from the date it is received by us.
- Please notify us at least 48 hours in advance to receive a full refund.
- For bookings paid by voucher, cancellation within 48 hours entitles you to an alternative date or a full refund reinstating the voucher with its original expiry date.
- Cancellations received within 48 hours, or failure to attend, will be charged at the full cost of your booking. For group bookings (four people or more) we require 72 hours' notice to avoid cancellation charges.
7. Change or cancellation by us
- We do not expect to change your booking once confirmed, but will do so if necessary due to an event outside our control, and will use all reasonable endeavours to notify you at the earliest convenience.
- Events outside our control (“Force Majeure Events”) include but are not limited to acts of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications, strike, lockout or boycott or other industrial action, and national pandemic.
- If the spa is unavailable on your booked date due to events outside our control, we may cancel and refund your payment or offer an alternative date. If you are paying by voucher, the voucher amount will be reinstated.
8. Standards and behaviour
- These standards apply from the time you request your booking until it ends. You and your party (including children) must act in a courteous and considerate manner towards us, our staff and anyone else using the spa, and supervise children so that they are not a nuisance or danger to themselves or others.
- All teen packages or treatments (suitable for ages 13–16) must be accompanied by an adult over 18 years of age.
9. Age and health of user
- You confirm that you are over 18 years of age. We are not qualified to confirm that you are fit to use the facilities, so it is your responsibility to ensure that you and your party are fit to do so.
- We strongly advise you to take expert medical advice before booking or receiving any treatment. If in doubt, please consult your doctor first.
- Before your booking you will receive a Health Declaration / Spa Consultation Form. You must inform us of any health conditions that might affect your treatment (including heart conditions, pregnancy, chemotherapy, allergies or physical ailments) and comply promptly with our recommendations.
- You agree not to use our facilities or attend any treatment while suffering from an infectious disease or illness where there is a risk to the health and safety of others.
10. Health and safety
- Please observe the signposted speed limit on the resort. All vehicles must comply with the Road Traffic Act and the Highway Code applies to roads on the resort. Commercial and recreational vehicles (including motorised scooters) are not permitted.
- We take no responsibility and have no liability for any loss or damage to a vehicle or your personal possessions while at the spa or on the Whalesborough premises.
11. Use of our facilities
- You confirm that you have been made aware of any instructional guidelines applying to your use of the facilities, and will use them carefully and sensibly to avoid damage or injury. If in doubt about operating any equipment, please consult a member of staff first.
- Alcohol may not be brought into the facilities unless supplied by us for consumption in designated areas. We reserve the right to refuse treatment or access to anyone we believe to be intoxicated, and to refuse or restrict the sale of alcohol.
- There is a strict no-drugs policy anywhere on the spa or Whalesborough premises. Anyone intoxicated will be refused access or asked to leave, and any booking for that individual that day will be cancelled without refund.
12. Termination
We reserve the right to cancel any booking with immediate effect and ask you and your party to leave the premises if you or anyone in your party fails to adhere to the standards of behaviour above or misuses our facilities. Where we terminate for these reasons, we reserve the right to withhold any refund.
13. Data protection and personal data
We adhere to the principles relating to the processing of personal data set out in the UK General Data Protection Regulation (UK GDPR). We will use the personal information you provide to deliver the Services, process your payment, and (where you have not opted out) inform you about similar treatments, offers or products. You may update your marketing preferences at any time. We will not give your personal data to any third party unless the law requires us to do so. For full details, see our Privacy Policy.
14. Liability
Except for any legal responsibility we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under data-protection law, we are not legally responsible for: loss, damage or theft of property brought into the spa; or death, personal injury or illness occurring in the spa from use of the facilities, except to the extent it results from our employees' negligence or a breach of our obligations under the Occupiers' Liability Act 1957. We will not be liable for loss, damage, personal injury or death caused by another user except as a direct result of our negligence or breach of duty, nor for any failure or delay resulting from events outside our control.
15. Changes to these terms
We reserve the right to make changes to these terms at any time. It is your responsibility to be aware of our terms at the time of booking. Where changes are made before your booking takes place, we will endeavour to provide you with an up-to-date copy before your arrival.
16. Complaints
If you or a member of your party has a complaint about any aspect of the Services, please inform us immediately, and in any event before leaving the premises. Failure to notify us in accordance with this timescale may entitle us to decline to deal with the complaint. Please tell reception at the earliest opportunity and we will do all we can to resolve the matter. As a consumer you have legal rights in relation to this agreement; advice is available from the Citizens Advice Bureau or Trading Standards, and nothing in these terms affects those rights.
17. How to contact us
If you need to contact us about your booking or these terms, please call 01288 361940, email reception@whalesborough.co.uk, or write to: The W Club Spa, Whalesborough Farm, Marhamchurch, Bude, Cornwall EX23 0JD.
18. Entire agreement
This agreement and any documents referred to in it constitute the whole agreement between us. No oral representation forms part of this agreement. A person who is not a party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its provisions.
19. Governing law and jurisdiction
The laws of England and Wales apply to this agreement and the English courts shall have exclusive jurisdiction.