Terms and Conditions
MEDICAL DISCLAIMER
The Services are not medical treatments. We do not provide medical advice, diagnoses or treatments. You should consult your GP or other relevant health professional for any medical assistance or concerns; and
You declare that you are fit and able to receive the Services and agree to inform us of any medical conditions, health issues, allergies, medications, or physical limitations prior to receiving the Services.
Agreement: These terms and conditions (Terms) are between Kiyora Spa Ltd. (company number 10573277), a company incorporated in England and Wales (we, us or our) and you, the person booking or receiving the Services (you or your).
Acceptance: You accept these Terms by making a booking or payment with us.
No Right to Cancel: You do not have a right to cancel the Services under the consumer law because the Services fall under an exception to that right, being the supply of services related to leisure activities, for a specific date or period of performance.
Services: We agree to provide the Services to you pursuant to these terms and conditions. The Services are those chosen by you as set out on our website, in our online booking form or in person when you book. Services include massages and facials.
Treatment Packages: You may purchase a single session, pack of sessions or other offering as made available by us. Session packs are valid from the purchase date for the time period set out on our website or as notified in person. Any unused sessions after this period will be forfeited.
Bookings: You may book Services through our website (via our third-party booking system), in person or by otherwise contacting us. Your booking is confirmed once we receive payment. We reserve the right to decline any booking at our discretion.
Rescheduling: You may request to reschedule a booking by contacting us. For rescheduling:
More than 24 hours' notice: You may transfer your booking to another available time, subject to availability
Less than 24 hours' notice: Your booking will be forfeited with no refund. However, if we are able to fill your appointment slot, we may, at our sole discretion, allow you to reschedule your appointment. Any such rescheduled appointment must be taken within one month of the original appointment date, and this discretionary rescheduling is permitted on one occasion only.
Late arrival: If you arrive more than 15 minutes late without having contacted us in advance, you will be treated as a no-show and your booking will be forfeited with no refund.
Your Obligations: You agree that you will:
comply with our reasonable requests and requirements;
provide accurate information to us, including completing our consent forms and providing accurate medical history information;
not attend if you are suffering from any illness that could risk others' health or safety;
inform us of any physical or medical conditions that may affect your participation; and
treat our premises, staff and equipment with respect.
Payment: The prices will be set out on our online booking page or in person when you book. Payment must be made in full at time of booking, unless we otherwise agree in writing.
Intellectual Property: Each party will maintain ownership of any intellectual property they independently create prior to or during the duration of these Terms. There will be no transfer of intellectual property rights between the parties, except as explicitly outlined in these Terms.
Termination for breach: These Terms may be terminated by either party (the Non-Defaulting Party), with immediate effect, if the other party (the Defaulting Party) fails to fulfill an obligation under these Terms and the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party.
Suspension: We may suspend the provision of Services to you:
if we reasonably suspect you are in breach of these Terms; and
while we investigate the suspected breach.
If, following our investigation, we reasonably believe you are in breach of these Terms, we may terminate these Terms immediately, without penalty, by written notice to you.
Consumer law: Under the Consumer Rights Act 2015 and other applicable UK consumer protection laws, certain statutory rights apply to the supply of goods and services. In summary, these rights mean that we are required to ensure that the Services:
are performed with reasonable care and skill;
are as we describe them to you; and
are carried out within a reasonable time and for a reasonable price, if we have not agreed the time and price with you.
Nothing in these Terms is intended to affect or limit your rights as a consumer.
Liability: We will perform the Services with reasonable care and skill. However, we are not liable for any indirect or consequential losses that may arise. Subject to your consumer law rights and the following sentence, our total liability under these Terms is limited to the price paid or payable by you for the Services. We do not exclude or limit in any way our liability to you where it would be unlawful to do so, which includes liability for fraud or fraudulent misrepresentation, and death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
Recreational Activities:
We will inform you of the inherent risks associated with the recreational activities at around the time of you booking the Services.
You acknowledge and agree that participating in recreational activities involves inherent risks, and to the fullest extent permitted by law, by agreeing to these Terms and participating in recreational activities, you agree to assume these risks voluntarily, and agree that we will not be liable for any death or personal injury you may suffer, except to the extent caused by our negligence.
Where we are found to be liable for any loss or damage in connection with recreational activities, our liability is limited to the fullest extent permitted by law. In particular, we are not responsible for any loss or damage that is not foreseeable, any loss or damage not caused by our breach or negligence, or any business losses suffered by you.
Confidentiality: Both parties commit to maintaining the confidentiality of any confidential information shared while these Terms are in place.
Dispute Resolution: In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.
Governing Law: Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
No third party rights: Nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to them.
Privacy: We will comply with all applicable data protection laws with respect to the transfer or processing of any personal data in connection with these Terms. We handle your personal data in accordance with our privacy policy, available here https://www.kiyoraspa.co.uk/privacy-policy
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the parties.
Subcontracting: We reserve the right to subcontract any portion of the Services at our discretion without needing to get your written approval beforehand. We commit to being fully responsible for fulfilling our obligations under these Terms, and we will ensure that any subcontractors we employ will adhere to the terms of these Terms as if we were performing the Services directly.
For any questions, please contact us at:
Email: info@kiyoraspa.co.uk