GENERAL TERMS AND CONDITIONS FOR RETREATS WITH MICHELA YOGA
1. SCOPE OF APPLICATION
These General Terms and Conditions ("GTC") apply to the entire business of Michela Montalbetti (hereinafter "Michela Yoga").
2. CONCLUSION OF THE CONTRACT
The conclusion of the contract comes into effect with the registration of the customer for a service offered by Michela Yoga. With the sending (by filling an online form or a PDF form) of the registration form the present GTC are considered as accepted by the customer.
3. TERMS OF PAYMENT
With the registration, the customer is obligated to pay the participation fees within the payment period stated on the form/invoice.
Michela Yoga has the right to charge 5% interest on late payments after 30 days and/or to refuse to provide the services.
4. SERVICES OFFERED
The services of the trip/retreat are advertised on the Michela Yoga website. Unless otherwise stated, the price is in CHF.
Michela Yoga reserves the right to make price adjustments due to exchange rate fluctuations (from 5%) as well as changes in the program and/or daily schedule of the trip/retreat at any time. The client will be informed about such changes in due time.
5. OBLIGATIONS OF THE CUSTOMER
By accepting these GTC, the customer confirms that he/she is in good health to participate in the booked trip and to follow the course program according to the description. The customer has to inform Michela Yoga and/or the course instructor about any health problems, allergies or pregnancy. The customer takes part in the offer on his/her own responsibility and risk.
The customer is aware that in cases in which Michela Yoga only acts as an agent, he/she enters into the contract with the third party (airline, tour operator, service company, etc.) and that the third party's own contract and cancellation regulations apply. The customer must immediately notify Michela Yoga and the service provider in writing of any defects.
6 - CANCELLATION POLICY
Cancellation by Michela Yoga:
- As a result of the course instructor's absence:
If the course instructor is unable to attend for unforeseen reasons (such as illness, accident, serious personal reasons), Michela Yoga will provide a substitute course instructor if possible. If no suitable equivalent substitute course leader can be found, it is at the discretion of Michela Yoga to cancel the trip/retreat, even at short notice. In this case, the client will be refunded all fees already paid to Michela Yoga within 30 days. A further claim for refund does not exist.
- Due to non-achievement of the minimum number of participants:
If a minimum number of participants specified in the advertisement is not reached, Michela Yoga may cancel the trip/retreat at least 21 days before the start date (for trips abroad), or 14 days before the start date (for trips in Switzerland). In this case, the client will be refunded all fees already paid to Michela Yoga within 30 days. There is no further claim for refund.
- Due to force majeure:
Michela Yoga has the right to cancel a trip/retreat, even at short notice, due to events of force majeure. In this case, the costs already paid to Michela Yoga will be refunded to the client within 30 days. A further claim for refund does not exist. See point 14.
Cancellation by the customer:
If the client can not partecipate for reasons of any type (and for reasons not attributable to Michela Yoga) to the trip/event, or from using a service, he/she must inform Michela Yoga immediately in written form.
Cancellation of the booking by the client is possible up to 60 days before the start of the trip/retreat without cancellation fees.
Thereafter, the following cancellation charges will apply:
- 59 to 31 days before the start of the trip/retreat: 50% of the agreed price.
- 30 to 0 days before the start of the trip/retreat: 100% of the agreed price.
Non-payment of the invoice is not considered a cancellation.
Michela Yoga is generally liable to the client for the services provided, regardless of who is responsible for their performance. Michela Yoga is not liable if the non-performance or improper performance of the contract is due to: Failure on the part of the client, to unforeseeable or unavoidable failures of third parties not involved in the provision of the contracted services, to force majeure, or to an event that the organizer, agent or service provider could not foresee or avert despite all due care. Even if Michela Yoga is not liable, it must make every effort to provide assistance to the client.
The liability for any indirect damages and consequential damages is fully excluded.
For direct damages, except personal injuries, the liability amount is limited to the selling price of the service. Damages caused intentionally or by gross negligence are excluded.
Michela Yoga excludes any liability for third party services to the extent permitted by law.
The client is obliged to report any damages immediately.
Insurance is the responsibility of the client. Michela Yoga strongly recommends the following insurances with sufficient coverage: health and accident insurance, travel insurance (including coverage of cancellation costs and travel incidents).
9. INTELLECTUAL PROPERTY RIGHTS
All rights to the products, services and any trademarks are owned by Michela Yoga or it is entitled to use them by the owner.
Neither these terms and conditions nor any related individual agreements shall transfer any intellectual property rights, unless explicitly stated otherwise. Furthermore, any further use, publication and making available of information, pictures, texts or other - also in extracts - is prohibited, unless it is explicitly approved by Michela Yoga.
If the customer uses contents, texts or pictorial material in connection with Michela Yoga, in which third parties have a property right, he/she has to ensure that no property rights of third parties are violated.
10. DATA PROTECTION
Michela Yoga may process and use the data recorded in the course of the conclusion of the contract for the fulfillment of the obligations arising from the contract. The data necessary for the fulfillment of the service may also be passed on to contracted service partners.
Michela Yoga takes the measures necessary to secure the data according to the legal regulations. The customer agrees to the storage and contractual use of his/her data collected on the registration form by Michela Yoga, as well as to the use of his/her e-mail address for the delivery of the Michela Yoga newsletter. If the customer no longer wishes to receive the newsletter, he/she can unsubscribe at any time in the newsletter itself. The customer is aware that Michela Yoga is obligated and entitled to disclose information from the customer to the courts or third parties upon order of the courts or authorities.
These terms and conditions can be changed by Michela Yoga at any time. The version of the terms and conditions that the customer has received from Michela Yoga at the time of the conclusion of the contract is valid for the customer.
These GTC take precedence over all older regulations and contracts. Only provisions from individual contracts, which still specify the provisions of these GTC, take precedence over these GTC.
13. SEVERABILITY CLAUSE
If a provision of this contract or an annex to this contract is or becomes invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any gaps in the contract.
14. FORCE MAJEURE
If the timely performance by Michela Yoga, its suppliers or involved third parties becomes impossible due to force majeure (such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, epidemics, pandemics), Michela Yoga is released from the performance of the affected obligations for the duration of the force majeure as well as a reasonable start-up period after its end. In this case, Michela Yoga must refund any fees already paid to the customer within 30 days. Any further claims, especially claims for damages due to vis major (force majeure), are excluded.
15. APPLICABLE LAW / PLACE OF JURISDICTION
These GTC are subject to Swiss law. As far as no mandatory legal provisions prevail, the court at the domicile of Michela Yoga has jurisdiction. Michela Yoga is free to file a lawsuit at the domicile of the defendant(s). The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
VERSION 1.1 21.10.2021