Retreat Terms & Conditions
1. These Terms
1.1) These are the terms and conditions of your booking with us and on which Cabilla Cornwall will supply the Services to you.
1.2) Please read these Conditions carefully as they explain who we are, how we will provide the Services to you, how we expect you to pay for the Services, how you and Cabilla Cornwall may change or end the contract, what to do if there is a problem and other important information. If you have any questions on these Conditions, please contact us to discuss.
Defined Terms
1.3) In these Conditions, the following terms are given the following meanings:
“Accommodation” means the accommodation provided by Cabilla Cornwall during the Retreat Period, as specified in the Contract Details.
“Cabilla Cornwall” means Cabilla Cornwall Ltd, a company incorporated and registered in England and Wales with company number 11744307, whose registered office is at Cabilla Manor, Cardinham, Bodmin Moor, Cornwall PL30 4DW. Any reference in these Conditions to “us“, “we” or “our” shall also refer to Cabilla Cornwall. You can contact us by emailing us at [email protected].
“Cabilla’s Site” means Cabilla Cornwall’s premises, including the Accommodation, The Barns and the wider Cabilla estate and woodland.
“Commercial Customer” means a Customer that is not a Consumer Customer.
“Conditions” means these terms and conditions set out in clause 1 to clause 14 (inclusive).
“Consumer Customer” means a Customer who meets the definition of “consumer” provided in the Consumer Rights Act 2015. You will be a Consumer Customer if you are an individual person purchasing our Services for purposes that are outside (or mainly outside) their trade, business or profession.
“Contract” means the contract between the Customer and Cabilla Cornwall for the supply of the Services in accordance with the Contract Details and these Conditions.
“Contract Details” means the contract details sheet which accompanies these Conditions and which include important detail about the terms of the Contract and the Services we will supply to you under it.
“Customer” or “you” means the person purchasing the Services from Cabilla Cornwall as outlined in the Contract Details and includes Consumer Customers and Commercial Customers.
“Deposit” means a non-refundable deposit (usually 25% of the Price), which will be either:
a) an initial payment requested by Cabilla Cornwall to be paid by you to secure your booking; or
b) where you pay the full Price up-front, a proportion of the Price as notified to you by us on payment of the Price and equalling the amount paid by Customers as an initial deposit under (a) above.
“Final Payment Date” means the date outlined in the Contract Details on which the full amount of the Remaining Balance shall become due.
“Guest” means each individual, as designated by the Customer, who shall receive the Services under these Conditions. The total number of Guests entitled to receive the Services under these Conditions is as outlined in the Contract Details.
“Retreat Period” means the period as outlined in the Contract Details in which Cabilla Cornwall agrees to supply the Services.
“Retreat Start Date” means the date on which the Retreat Period begins, as outlined in the Contract Details.
“Price” means the price of the Services, payable by you to Cabilla Cornwall and as described in clause 4 and including the Deposit.
“Remaining Balance” means the Price minus any Deposit payment or advance payments made by you.
“Services” the services to be provided by Cabilla Cornwall pursuant to the Contract, as described in the Contract Details.
“The Barns” means the barns located on Cabilla’s Site within which the following facilities are available to you and your Guests during the Retreat Period: indoor yoga space, wash and toilet facilities, communal kitchen space, Daphne’s Bar, chill out area / cinema, library and retail space.
2. Acceptance of these conditions
2.1) All bookings made to Cabilla Cornwall for the Services are subject to these Conditions. By paying the Deposit or making a booking with us, you agree that you and any accompanying Guest(s) or other Guest you book for will be bound by these Conditions.
2.2) A Customer booking request for Cabilla Cornwall’s services is an offer to buy the Services from Cabilla Cornwall. Our acceptance of your booking request will take place when we confirm in writing (by email or otherwise) that we will provide the Services to you and we have received your initial payment towards the Price in cleared funds, at which point a contract will come into existence between Cabilla Cornwall and you.
3. Services
3.1) In exchange for paying the Price, as described in clause 4.1 of these Conditions, we will supply the Services to you during the Retreat Period.
3.2) For the avoidance of doubt, the Price does not include travel to and from Cabilla Cornwall, any alcoholic beverages or any other beverages or items which are available for purchase on site (such as coffees, mocktails and such other items as are available for purchase in our retail space).
Arrival and Departure at Cabilla Cornwall
3.3) You and your Guest(s) may arrive at any time after 3pm on the Retreat Start Date unless otherwise agreed.
3.4) The standard checkout timings, unless otherwise arranged, on the departure date are 10am from Koyts and 11am from the main barns.
Changes to the Services
3.5) If circumstances require, we may, prior to your arrival, need to substitute the Accommodation for a different style or size than is outlined in the Contract Details and we may do so at our discretion, although Cabilla Cornwall will ensure that any such substitute will be of at least the same size and will not affect your use of or the value of the Services.
3.6) Minor changes to the Services: Cabilla Cornwall may make minor changes to the Services if required:
a) to reflect changes in relevant laws and regulatory requirements;
b) to reflect changes required for health and safety, for operational reasons or where necessary to protect the habitats or needs of the wildlife that inhabits our land; or
c) to implement minor adjustments and improvements.
3.7) If Cabilla Cornwall is required to make any significant change to the Services, we will notify you and, if you do not agree to the changes, you may contact us to end the contract and receive a refund of the Price paid to Cabilla Cornwall. Please note: a significant change does not include postponement or cancellation where this is not within Cabilla Cornwall’s reasonable control (please see clause 9 of these Conditions).
4. Price and Payment
4.1) The Price of the Services for the Retreat Period will be as set out in the Contract Details.
4.2) No discounts to the Price are available to Customers who wish to (or whose Guest(s) wish(es) to) stay for a shorter period than the Retreat Period.
4.3) Unless otherwise stated, prices given are exclusive of VAT.
4.4) Cabilla Cornwall will accept payment of the Price and any Deposit by bank transfer, or such other electronic payment method we communicate to you before your booking is confirmed by us, only.
5. Bookings, Deposits and Payment
Bookings
5.1) Bookings will only be accepted from persons aged 18 years or over.
5.2) Bookings will only be accepted for the whole Retreat Period.
5.3) Booking requests must be made by telephone, email or via the online form on our website – Cabilla Cornwall’s contact details are provided in clause 1.3.
5.4) Cabilla Cornwall reserves the right to refuse any booking request, at our discretion and for any lawful reason, and we are not obliged to provide an explanation for any such refusal.
5.5) Cabilla Cornwall may need certain information from you (including information about your Guest(s)) so that we can supply the Services. If so, this will be stated during the booking process and, if not given, Cabilla Cornwall will contact you to ask for this information. You must check any booking confirmation and / or details carefully and should notify Cabilla Cornwall of any errors as soon as possible.
5.6) If you do not provide the required information within a reasonable time of us asking for it, or if you give Cabilla Cornwall incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. Cabilla Cornwall will not be responsible for errors, delays or omissions in supplying the Services if these are caused by you not giving us the information we need, within a reasonable time of us asking for it.
Deposits
5.7) Upon receipt of a booking request, Cabilla Cornwall will request an initial Deposit from you (if the Price is not required to be paid in full at that time). The Deposit amount will be as outlined in the Contract Details and will always be required in order to confirm your booking.
5.8) Deposits are non-refundable, except as detailed in these Conditions.
5.9) Cabilla Cornwall will send you an invoice for the Deposit amount together with these Conditions. The Deposit payment must be made (in cleared funds) within seven days of receipt of the invoice.
5.10) Upon receipt by us of the Deposit (in cleared funds) we will send you email confirmation of your booking. By paying the Deposit, you confirm your acceptance of these Conditions.
5.11) Until we send you email confirmation of the booking (after receipt of the Deposit), we reserve the right to take an alternative booking. In the event of us taking an alternative booking, any Deposit monies paid by you will be refunded.
Payment of the Price
5.12) If you secure your booking by payment of a Deposit, the Remaining Balance shall be payable in accordance with the payment schedule outlined in the Contract Details. We will send you an invoice in respect of each payment due at the beginning of the month of the relevant payment due date. The Remaining Balance must be paid in full (and in cleared funds) by the Final Payment Date or within seven days of receipt of the final invoice (whichever is later).
5.13) If Cabilla Cornwall does not receive a payment (in cleared funds) by the relevant payment due date or within seven days of receipt of the relevant invoice (whichever is later), Cabilla Cornwall reserves the right to:
(a) deem you to have cancelled the booking; and/or
(b) charge you in accordance with the cancellation policy in clause 7.
Bookings made less than 14 days prior to the Retreat Start Date (or otherwise where the Price is paid in full)
5.14) Upon receipt of a booking request, we will email you an invoice for the Price. For the avoidance of doubt, a proportion of the Price will be allocated as a non-refundable Deposit (refundable only where detailed in these Conditions). The Price must be paid (in cleared funds) within seven days of receipt of the invoice.
5.15) Upon receipt by us of the Price in full and in cleared funds, we will send you email confirmation of your booking.
5.16) Until we send to you email confirmation of your booking (after receipt of the Price), we reserve the right to take an alternative booking. In the event of Cabilla Cornwall taking an alternative booking, any monies paid by you in respect of the Price will be refunded.
6. Additional Payments
6.1) If, during the Retreat Period:
a) you (or any of your Guests) make use of or purchase any additional goods or services which are not included in the Price (and where these are not paid for upfront);
b) you cause (or any Guest of yours causes) any damage to or loss of Cabilla Cornwall property; or
c) you remove (or any Guest of yours removes) any item of property belonging to Cabilla Cornwall,
you will be responsible for making payment to us to account for the use of such goods or services and any losses or damage associated with the actions described above (each an “Additional Payment”).
6.2) Cabilla Cornwall will email to you an invoice for any Additional Payment(s) within seven days of the end of the Retreat Period. The invoice will detail:
(a) all outstanding charges not included in the Price that have been incurred by you and / or your Guest(s) during the Retreat Period; and/or
(b) the value of any damage (as assessed by Cabilla Cornwall) caused to Cabilla Cornwall property and/or any items of Cabilla Cornwall property removed from Cabilla’s Site in breach of these Conditions.
6.3) By booking the Services, you acknowledge and agree to pay to Cabilla Cornwall the amount of the Additional Payment invoice in full and cleared funds within seven days of the date of the invoice by way of bank transfer.
6.4) If you fail to make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay to Cabilla Cornwall interest together with any overdue amount.
7. Cancellation Policy
If you are a Consumer Customer
7.1) You may, at any time, end your contract with us. However, your rights to any refund of the Price, or part thereof, will depend on when you decide to end the contract. Any Deposit is non-refundable unless otherwise detailed in these Conditions.
7.2) If you are concerned about the prospect of cancellation, we strongly recommend that you take out suitable insurance that provides cover for such cancellations.
7.3) Full pre-payment will usually be required at the time of booking. This will be refundable (minus a 25% deposit) until 6 weeks prior to arrival for cancellations.
7.4) In the event that you cancel a booking, to account for Cabilla Cornwall’s costs and expenses incurred, unless otherwise agreed by Cabilla Cornwall, we will be entitled to retain (or charge you) the following sums:
a) where the cancellation is notified to us more than six weeks in advance of the first day of the Retreat Start Date, the Deposit; or
b) where the cancellation is notified to us less than six weeks in advance of the first day of the Retreat Start Date, all sums paid by you to date including the sum of any overdue payments.
7.5) Please note: The above amounts are calculated as reasonable compensation for the costs and expenses we have incurred and will incur as a result of your booking cancellation. The above amounts may be subject to deductions if Cabilla Cornwall is able to fill your cancelled booking with replacement customers, subject to any such deductions taking into account any discounted price Cabilla Cornwall may be required to charge in order to secure the booking at a later stage.
If you are a Commercial Customer
7.6) In the event that you cancel a booking, we will be entitled to retain (or, where applicable, charge you) the following sums:
a) where the cancellation is notified to us more than three months in advance of the first day of the Retreat Start Date, the Deposit; or
b) where the cancellation is notified to us less than three months in advance of the first day of the Retreat Start Date, all sums paid by you to date including the sum of any overdue invoices.
Please note: Clauses 7.7, 7.8 and 7.9 apply to our Consumer Customers and Commercial Customers.
Cancellation on or after start of the Retreat Period
7.7) Unless we agree otherwise in writing, you will not receive any refund of the Price if you terminate your stay early for any reason and you will still be responsible for any Additional Payments incurred by you or any of your Guests during your and / or their stay.
Cancellation owing to events outside Cabilla Cornwall’s control
7.8) If we are required to cancel your booking due to circumstances outside our control, clause 9 (Events Outside Cabilla Cornwall’s Control) will apply.
Cancellation by Cabilla Cornwall
7.9) Cabilla Cornwall may be required (at its discretion and excluding cancellations for reasons outside our control (see above and clause 9 below)), to cancel your booking. In such circumstances, we will give you as much notice as possible and you will receive a full refund of the Price you have paid to us.
8. Insurance
It is your responsibility to obtain suitable insurance that provides cover for cancellations. We strongly recommend that you take out such insurance and that you check with your insurance provider that the cancellation circumstances that are of particular concern to you are covered.
9. Events Outside Cabilla’s Control
9.1) An Event Outside Our Control means any cause or circumstance not within Cabilla Cornwall’s reasonable control including, but not limited to:
a) acts of God (flood, drought, earthquake or other natural disaster);
b) adverse weather conditions;
c) epidemic or pandemic;
d) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
e) nuclear, chemical or biological contamination or sonic boom;
f) any law or any action taken by a government or public authority, including without limitation imposing a restriction, quota or prohibition, or failing to grant a necessary licence or consent;
g) collapse of buildings, fire, explosion or accident;
h) any labour or trade dispute, strikes, industrial action or lockouts (other than by Cabilla Cornwall’s own employees, or employees of companies our group);
i) non-performance by external suppliers or subcontractors; and
j) interruption or failure of utility service.
9.2) If we are unable to provide the Services due to any Event Outside Our Control, we will make every effort to recommence performance of those Services in a timely manner. If, despite our efforts, we continue to be unable to perform the Services, or consider it unsafe to do so, during the Retreat Period, we will refund the Price to you, minus the Deposit and any costs or expenses already incurred by us preparing for and/or in providing any of the Services (to the extent such costs and expenses exceed the Deposit). If any such event occurs during the Retreat Period, the amount to be refunded will take into account how many days of the Retreat Period remain and the extent to which the Services have already been provided by us.
9.3) It is your responsibility to obtain suitable insurance that provides cover for cancellations. We strongly recommend that you take out such insurance and that you check with your insurance provider that the cancellation circumstances that are of particular concern to you are covered.
10. Arrival and Departure
10.1) Provided that you have paid fully (in cleared funds) the Price, you (and your Guests) may arrive at any time after 3pm on the Retreat Start Date.
10.2) You (and all of your Guests) must vacate the Accommodation and Cabilla’s Site by 11am on the final day of the Retreat Period.
11. Restrictions
11.1) A maximum of two Guests may stay in each Koyt unless otherwise agreed by us before your booking is confirmed. A maximum of four Guests may stay in The Keep unless otherwise agreed by us before your booking is confirmed.
11.2) You agree (and must ensure that your Guest(s) also agree) to:
(a) conduct yourself at all times with due regard to other Guests staying at Cabilla Cornwall and / or otherwise visiting Cabilla’s Site;
(b) not light, or allow to be lit, any fire, candle or other naked flame in the Accommodation (save for within the log burner provided) or elsewhere at Cabilla’s Site;
(c) not to allow any unreasonable noise at the Accommodation or elsewhere on Cabilla’s Site;
(d) not smoke in the Accommodation or any other building on Cabilla’s Site (smoking is permitted at the nature pond and the car park outside the Barns only);
(e) drink any alcoholic drinks brought onto Cabilla’s Site anywhere on site other than in your Accommodation;
(f) not use any gas or open flame lighting, heating, cooking or other appliances in the Accommodation (save for the log burner provided) or elsewhere at Cabilla Cornwall;
(g) not bring, or allow the entry of, any pets or other animals to Cabilla Cornwall;
(h) not remove any Cabilla Cornwall property (save for any Cabilla Cornwall gift items) from the Accommodation or Cabilla’s Site;
(i) not use Cabilla Cornwall’s wi-fi network in any way that breaches applicable laws or regulation, has unlawful or fraudulent purpose, to transmit unlawful or harmful content or in any way which may cause harm to others;
(j) not behave in an abusive, threatening or insulting way or use foul language towards Cabilla Cornwall staff or other customers or their Guests; and
(k) comply with any additional on-site requirements notified to you by Cabilla Cornwall on arrival.
11.3) Should you (or any of your Guests) act in breach of clause 11.2, we reserve the right to ask you (or the relevant Guest, as applicable) to leave the retreat and Cabilla’s Site with immediate effect. In such circumstances, you will not receive any refund of the Price and you will still be responsible for any Additional Payments incurred by you (or any of your Guests) during your and / or their stay.
Alcohol
11.4) Whilst we do not currently hold a licence to sell alcohol, alcoholic beverages may be brought onto Cabilla’s Site provided that alcohol must only be consumed within your Accommodation and we ask that Guests drink in moderation and conduct themselves at all times with due regard to other Guests.
12. Liability, Loss and Damage
12.1) Some of the activities provided as part of the Services (such as yoga and forest walking) are physically challenging activities and carry with them certain risks (including those posed by the natural environment, such an uneven ground and protruding tree roots) that we cannot entirely eliminate. You and your Guest(s) must follow all safety warnings or instructions displayed or given by a member of Cabilla Cornwall staff when participating in such activities and we recommend that you do not participate in such activities if you have any existing injuries or any other condition which could prevent you from participating in such activities safety. We are not qualified to express an opinion that you are fit to safety particate in retreat activities. In the absence of any negligence or other breach of duty by us, participation in retreat activities is entirely at your or the relevant Guest’s (as applicable) own risk.
If you are a Consumer Customer
12.2) Cabilla Cornwall is responsible to you for foreseeable loss and damage caused by us. If Cabilla Cornwall fails to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Cabilla Cornwall and you knew it might happen, for example, if you discussed it with Cabilla Cornwall during the booking process.
12.3) Cabilla Cornwall does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
12.4) Cabilla Cornwall is not liable for business losses. We only supply the Services to Consumer Customers for personal enjoyment. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a Commercial Customer
12.5) Nothing in these Conditions shall limit or exclude Cabilla Cornwall’s liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation; or
c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
12.6) Subject to clause 12.5:
a) Cabilla Cornwall shall under no circumstances whatever be liable to the Commercial Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and
b) Cabilla Cornwall’s total liability to the Commercial Customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price paid for the Services.
12.7) The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract.
12.8) Subject to clauses 12.5, 12.6 and 12.7 our total liability to you shall not exceed the greater of: (1) the sum of £10,000; and (2) 150% of the Price.
Your liability to Cabilla Cornwall
12.9) By means of the Additional Payment procedure set out in clause 6, you shall be responsible for accounting to Cabilla Cornwall for all damages, costs, losses, claims or expenses, whether deliberate or accidental, incurred or suffered by Cabilla Cornwall that result from you (or any accompanying Guest) using the Services. This includes, but is not intended to be limited to, the cost of cleaning, repair or replacement of equipment or furnishings or any other property on Cabilla’s Site.
13. Use of Personal Information
13.1) Cabilla Cornwall will use the personal information you provide:
a) to supply the Services to you (and your Guest(s));
b) to process your payment(s) for the Services; and
c) if agreed by you, to give you information about similar services provided by Cabilla Cornwall, but you may stop receiving this at any time by contacting us.
11.2) Cabilla Cornwall will only give the personal information you give us to other third parties where the law either requires or allows us to do so.
11.3) Where you have provided personal data about another person (for example, you provide us with the name and email address of each of your Guests), we need to process such personal data in order to provide the Services to that Guest. By providing such information, you confirm that you have informed such individuals of our use of their information and that you have obtained their consent or are otherwise lawfully permitted to share their information with us.
11.4) Further detail about how we process your personal information (and the personal information of your Guest(s)), including during the Retreat Period, can be found in our Privacy Policy. You can also contact Cabilla Cornwall by email at [email protected] if you have further questions about how we use your personal data, or if you would like to request a copy of our Privacy Policy.
14. Other Important Terms
14.1) You require our consent to transfer your rights to someone else. You may only transfer your rights or obligations under these Conditions to another person if Cabilla Cornwall agrees to this in writing.
14.2) Nobody else has any rights under this contract. This contract is between Cabilla Cornwall and you. No other person shall have any rights to enforce any of its terms.
14.3) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 ) Which laws apply to this contract and where you (and Cabilla Cornwall) may bring legal proceedings. These Conditions are governed by English law. If you are a Consumer Customer then, wherever you live you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a Consumer Customer we can claim against you in the courts of the country you live in. If you are a Commercial Customer you irrevocably agree to submit all disputes arising out of or in connection with our Contract with you to the exclusive jurisdiction of the English courts.
14.5) If you are a Commercial Customer, the contract constitutes the entire agreement between Cabilla Cornwall and the Commercial Customer. The Commercial Customer acknowledges that they have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Cabilla Cornwall which is not set out in the contract.
14.6) If you are a Commercial Customer, these Conditions apply to the contract to the exclusion of any other terms that the Commercial Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
These Conditions were last updated 10 December 2024