Terms & Conditions

All participants must be aware of this and accept the risks associated with these activities. Although we have a Liability Insurance, a Personal Accident and Cancellation Insurance is highly recommended.

All participants must provide travel insurance with a full medical cover on arrival.

Our Terms and Conditions (the small print):

Marbella Fit Camp & Marbella Fitness Holidays, known hereafter referred to as MFC (a.k.a Clear Focus SL) accepts bookings subject to the following Terms and Conditions:

1. Interpretation and Definitions

1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Booking” – A Booking made by the client with MFC as set out on the Booking Form.

“Booking Form” – The Booking Form produced by MFC to be completed by the Client after Registration.

“Registration Form” – The Registration Form produced by MFC to a in to inquire attendance & info.

“Contract” – The contract between the Client and MFC under which the Services are to be provided by MFC to the Client.

“Client” – The person, firm or company who makes a Booking with MFC. All individuals to whom the Services are provided by MFC must be a minimum age of 21.

“Deposit” – FIRST Deposit: Euro 200 (non-refundable!) which will be deducted from the first instalment. Can be used for any activity/holiday in future, no expiration date.

FIRST Installment: An amount equal to 30% of the Fee, 12 weeks before arrival date (less the FIRST Deposit)

“Fee” – The amount payable to MFC under the Contract.

“Force Majeure” – Any act, event, omission or accident beyond MFC’s reasonable control including but not limited to Act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse weather, default of suppliers or subcontractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network.

“Major Change” – A change in the date, location or over 80% of the content of the Service.

“MFC /CF” – Marbella Fit Camp & Marbella Fitness Holidays, Clear Focus SL.

“Recordings” – Photographs, videos or any other visual recordings taken of the Clients during the provision of the Services.

“Services” – The activities and services provided by MFC to the Client under the terms of the Contract and “Service” shall be construed accordingly.

1.2 Wording importing the singular meaning shall include the plural meaning and vice versa.

1.3 All wording within the booking conditions is generalised and reference to any gender includes the other genders.

1.4 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Acceptance

2.1 A contract for the Services is made between MFC and the Client on the issue of written confirmation of booking by MFC.

2.2 The Contract is subject to these booking conditions which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between MFC and the Client.

2.3 No verbal representations made by MFC shall be relied upon by the Client.

3. Booking

3.1 To place a booking, MFC requires a FIRST deposit fee. If a booking is made by telephone, email or facsimile then the Client shall be deemed to have read and fully understood these conditions and signed in replying on the last email to confirm. All bookings are provisional and are only confirmed once the FIRST instalment has cleared in MFC’s/Clear Focus bank account. The FIRST Deposit fee of Euro 200 is NON – REFUNDABLE.

3.2 MFC reserves the right to decline any booking at their discretion.

4. Fee and Payment Terms

4.1  There is a Euro 200 FIRST deposit fee payable at the time of the booking. The FIRST instalment fee of 30% (minus the FIRST Deposit) shall include the planning, organising and delivery of the proposed Services. The fee is paid in Euros, based on daily rate at: XE.com

4.2  All payments for Boot Camp/Fitness, Triathlon, Martial Arts & Wellness holidays places made via credit card will incur a 2.5% surcharge. Only the initial FIRST deposit of Euro 200 can be taken via PayPal/Stripe cq. Credit cards. All payments other than initial FIRST Deposit of Euro 200, will need to be made via bank transfer in Euro´s. Payments in different valuta and Credit / Debet Cards only on request.

4.3 Upon the successful payment of the FIRST Instalment by the Client, a contract is formed for the agreed programme to be delivered. If the Client wishes to alter any aspect of the programme additional reasonable costs may be levied by MFC at their discretion.

4.4 The balance of the fee is payable six (6) weeks before commencement of the course unless agreed otherwise on confirmation of booking. In the event the balance is not paid, MFC will have the discretion to treat the booking as cancelled by the client and re-sell the course place. The FIRST instalment paid by the Client will then be retained by MFC or if otherwise agreed on paper/email. This E200 can be used to any other future holiday/activity

4.5 The whole course fee is required to secure a place for any booking made within six (6) weeks of the commencement of the course.

5. Responsibilities of the Client

5.1 If the Fee includes airport transfer by taxi, to and from the site/location at which the proposed Services shall be provided but this shall be the sole responsibility of the Client unless otherwise agreed in writing by MFC.

5.2 The Client is responsible to inform MFC and responsible for their own personal medical requirements, injuries, dietary needs, clothing and footwear for the duration of the Services unless otherwise agreed in writing with MFC.

5.3 It is the Client’s responsibility to inform MFC in writing of any health issues that may make them unsuitable to participate in the Services agreed. Failure to disclose any such information may result in MFC terminating the Contract and withdrawing the Client from the Services without refund, notwithstanding condition 8.

6. Variations and amendments

6.1 MFC reserves the right to change any price or other particulars of the Services before the contract becomes binding.

6.2 If there is a “Major Change” made by the MFC, MFC shall notify the Client forthwith. MFC shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances; an alternative date; or a full refund (including the deposit)

6.3 If there is any other change other than a “Major Change” MFC is not obliged to inform the Client in advance or obliged to pay any compensation.

7. Cancellations by the Client

If the client wishes to cancel the Contract they must advise MFC in writing as soon as reasonably possible. Email address: [email protected] It is allowed to change to other dates, subject to pay the difference in prices. Any cancellation of the Contract will be subject to the following cancellation charges. For the avoidance of doubt the cancellation charges are based on the number of days before the arrival date of the Services:

Date of Cancellation Cancellation Charge:

Always the FIRST Deposit of Euro 200 ( 1-3 persons) Euro 100 per person (4+ pers)

Less than 6 weeks 100% of the fee

Less than 10 weeks 30% of the fee

Groups (more than 4):

Always the FIRST Deposit of Euro 100 per person.

Less than 8 weeks 100% of the fee

Less than 10 weeks 75% of the fee

Less than 12 weeks 50% of the fee

Less than 16 weeks 30% of the fee

8. Cancellations by MFC

MFC will always endeavour to fulfil confirmed bookings however MFC do reserve the right to cancel. If MFC cancels a booking prior to the commencement of the Services the Client will be offered an alternative date; or a full refund.

9. Assignment

9.1 The Contract may be assigned by the Client to a third party subject at all times to condition.

9.2 The client is unable to assign or transfer the Contract to a third party without the prior written consent of MFC. If the client wishes to assign their contract, he or she must give notice in writing providing the full name and address and contact details of the third party. MFC shall then advise in writing as to whether it consents to the assignment as soon as reasonably practicable. MFC reserves the right to refuse an assignment to a third party at any time without reason. If subsequently a client has to cancel due to MFC refusing the assignment to a third party then the cancellation charges in condition 7 shall apply.

9.3 MFC may assign or sub-contract to any third party the performance of any of its obligations under the Contract without the consent of the Client.

10. Services

10.1 MFC reserves the right to alter the content of the Services at any time without notice to the Client due to certain factors including but not limited to the weather and physical fitness of the Clients.

10.2 Any information on our Services published by MFC for its literature and website is designed for illustrative purposes only.

10.3 If the Client elects not to participate in any part of the Services being provided MFC has no obligation to provide an alternative activity or service and the Client will not be entitled to a refund.

10.4 If MFC believes a Clients health or safety is at risk or a Client has failed to disclose any relevant health information in accordance with condition 5.3 MFC may at its absolute discretion make decisions affecting the Clients and where necessary may terminate the Contract immediately without refund.

10.5 It is the discretion of MFC to ask the client to pay a deposit fee (retainer)of Euro 500 in cash upon arriving. In the event of any damages, the Client assumes responsibility for any and all damages caused by the Client. After check out from your stay, unless MFC reports any issues, we will pay back the deposit before departure, or after check-up/cleaning via transfer.

10.6 The client must refrain from any illegal act or any conduct which may give offence or cause danger or damage (excessive use of alcohol, drugs (natural & chemical) to any person or property. If MFC or any of its staff, consultants or agents, become aware of any such action then MFC or any of its suppliers may at their absolute discretion have the Client immediately removed from any property or facility without refund. MFC will have no liability to the Client in such circumstances.

11. Liability

11.1 None of the exclusions and limitations in these conditions are intended to limit any rights the Client may have under statute or common law which may not be excluded; nor in any way to exclude or limit liability to the Client for personal injury or death resulting from MFC negligence or that of its employees or agents; or for any liability incurred as a result of fraud or fraudulent misrepresentation by MFC.

11.2 The Client understands that attending any activity or service provided by MFC and their trainers, involves some level of risk. These risks include but are not limited to physical injury or even death. By attending any activity or service provided by MFC the Client agrees to assume these risks and agrees to release and discharge MFC and its directors, employees trainers and agents from any and all claims for liability. Clients will sign a disclaimer upon arrival.

12.1 Neither MFC nor any of its directors, employees, trainers or agents will be liable for any loss or damage to any personal property or vehicle belonging to the Client during the Services.

12. Media

12.1 MFC reserve the right to take any recordings of the Client during the Services and the Client accepts that all rights whatsoever arising in the recordings shall be solely owned by MFC and not be used/sold to third parties.

12.2 The Client accepts and agrees that any recordings may be used by MFC at its absolute discretion in any manner including but not limited to its website, promotional material and advertisements.

12.3 The client can exclude from the above by making this clear in writing before the services start.

14. MFC are Non-Smoking, Non Alcoholic, Fur Free Boot Camp, Fitness, Triathlon, Martial Arts & Wellness Holidays, this means when we´re all together it is not allowed to smoke/use alcoholic beverages or to wear fur. Exceptions will be made only and solely by MFC at their own discretion or on requests in writing/email.

14. Copyright

MFC reserves all copyright which may subsist in the products of, or in connection with, the provision of all activities, services or facilities. MFC reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.

16. Law and Jurisdiction

These terms and conditions shall be governed and construed in accordance with Spanish law and the parties shall submit to the non-exclusive jurisdiction of the Spanish courts.