- Scope of application
- Website operator and contractual partner
- Minimum age
- Offer, acceptance, conclusion of contract
- Contract language and storage of the contract text
- Payment of the course fee
- Rights and obligations of the participant
- Rights and obligations of Yoga Cubano
- No right of withdrawal for retreats
- Reservation of the right to cancel if the minimum number of participants is not reached, right of withdrawal by Yoga Cubano
- Cancellation by participant - cancellation costs
- Substitute participant
- Right of withdrawal; cancellation due to special circumstances
- Liability
- Declaration of consent in picture and video recordings
- Applicable law, place of jurisdiction
- Handling of contact data
- Server log files
1. Scope of application
1.1 These General Terms and Conditions (GTC) apply to the organisation of courses, workshops, seminars, retreats and other events (hereinafter referred to as: "Retreat") by the organiser Elisa Moczygemba (hereinafter referred to as: "Yoga Cubano") irrespective of the Retreat booked.
1.2 The following conditions govern the booking of the retreat.
1.3 The participant must book and pay for his/her own return flight and ensure that he/she will be in Cuba at the time of the booked retreat.
1.4 Yoga Cubano is solely responsible for the organisation and implementation of the retreat. Yoga Cubano is not a tour operator or travel agent.
1.5 The retreat includes, unless otherwise stated in the package, daily yoga classes, accommodation in the hotel / flat including breakfast and dinner.
1.6 Yoga Cubano endeavours to focus on local cuisine at the retreat, which is why a purely vegan diet cannot be offered. Yoga Cubano only offers vegetarian meals.
2. Operator of the website and contractual partner
Elisa Moczygemba,Yoga Cubano. Kochstraße 9, 02977 Hoyerswerda
3. Minimum age
3.1 The minimum age for participation and booking of the retreats offered by Yoga Cubano is 18 years.
3.2 The participation of children and teenagers has to be announced and requested in advance with Yoga Cubano. In case of consent by Yoga Cubano, the accompaniment of a legal guardian is required.
4. Offer, acceptance, conclusion of contract
4.1 The description of the retreats can be found on the internet website www.yoga-cubano.de. The retreats listed there constitute a legally binding offer (offer).
4.2 By clicking on the button "Order with obligation to pay", the participant makes a binding acceptance of the offer contained in the shopping basket (acceptance).
4.3 The Participant can correct input errors in the ordering process and the shopping basket at any time before the order is made subject to payment by removing individual offers, deleting the shopping basket as a whole or correcting input errors. The participant can also cancel the entire order process at any time.
4.4 The Participant's order, which is subject to payment, constitutes acceptance of the offer and thus the conclusion of the purchase contract.
4.5 After acceptance of the offer by Yoga Cubano through the signing of the booking contract by the participant, the participant will receive a confirmation of registration by e-mail. In this email details of the order and payment are listed, also the invoice can be found in this email ("order confirmation").
4.6 The participant is obliged to take out a foreign health insurance including the area of Cuba. Some insurances exclude benefits in the territory of Cuba.
4.7 A visa for Cuba is obligatory and must be obtained by the participant.
- Language of the Contract
5.1 The contracts can be concluded in German and English.
5.2 The participant can view the GTC of Yoga Cubano on the website www.yoga-cubano.de under "GTC". The document can be printed and viewed.
5.3 The contract in the order confirmation email is stored by Yoga Cubano. This contract text is available to the participant upon request.
- Payment of the fee
6.1 The participant books the retreat via the Yoga Cubano website. The payment is due at least four weeks before the start of the retreat, but can be made at any time before. The prices listed on the website are final prices and include the currently valid VAT.
6.2 We currently only offer payment by bank transfer.
6.3 In the event of a purchase by credit card, the credit card account will be debited within the periods customary for credit cards.
- Rights and obligations of the participant
7.1 The participant is obliged to provide his personal data truthfully and completely in the order process. The participant undertakes to notify any changes to his/her data, such as e-mail address, name, address and telephone number.
7.2 The participant must make the necessary arrangements for participation in the retreat on his/her own responsibility and at his/her own expense. This applies in particular to the booking of transport and the procurement of necessary documents.
7.3 The participant is advised that Yoga Cubano expressly discourages the booking of further services, such as travel services of third parties (e.g. arrival and departure, train booking, flight, alternative programme) before the cancellation deadline of four weeks before the start of the course at the latest, due to the non-achievement of the minimum number of participants, unless the participant has already been expressly informed by Yoga Cubano before this date that the minimum number of participants has been reached.
7.4 Participation in the retreat requires normal mental and physical resilience. If the participant is undergoing medical or psychotherapeutic treatment, he/she is required to discuss participation with the doctor or therapist.
7.5 The participant is obliged to inform both Yoga Cubano and the yoga teacher leading the course of any physical or mental limitations or complaints before the start of the retreat.
7.6 The participant has no right to demand that certain teachers conduct the retreat. In the event of the unforeseeable absence of the announced teacher at short notice, for example due to illness or incapacity, a substitute teacher may be used for the booked retreat. The replacement of the yoga teacher does not entitle the participant to withdraw from the contract or to terminate the contract.
- Rights and duties of Yoga Cubano
8.1 The scope of the services to be provided by Yoga Cubano extends exclusively to the implementation of the retreat. Yoga Cubano does not owe any further services. In particular, Yoga Cubano does not provide or arrange any services in connection with the arrival and departure or the leisure programme.
8.2 Yoga Cubano is entitled to change the schedule or the content of a retreat or to omit individual components, as long as the goal and the overall character of the retreat are not changed and dates are made up for.
8.3 Yoga Cubano is entitled to send the participant an information email a few weeks before the retreat begins with the summarised information about the retreat.
8.3 Yoga Cubano is entitled to use other teachers for the retreat if the announced teacher is not available due to reasons beyond Yoga Cubano's control. This applies especially in case of illness or prevention of the announced teacher.
8.4 Yoga Cubano undertakes to inform the participant at the latest four weeks before the start of the course that the retreat cannot be held due to the minimum number of participants not being reached. Yoga Cubano undertakes to immediately refund the course fee to the participant if this has already been paid.
8.5 Yoga Cubano is not obligated to reimburse the participant for cancellation or rebooking costs for transportation and hotel services provided elsewhere.
8.6 Yoga Cubano would like to point out that before the cancellation deadline of four weeks prior to the start of the course at the latest, Yoga Cubano expressly advises against booking any further services, such as travel services provided by third parties (e.g. arrival and departure, train journey, flight, catering, programme), unless the participant has already been expressly informed by Yoga Cubano prior to this date that the minimum number of participants has been reached.
8.7 If a retreat cannot take place due to reasons other than not reaching the minimum number of participants through no fault of Yoga Cubano, Yoga Cubano will inform the participant immediately and refund the payment made without delay. Further claims of the participant do not exist.
- No right of withdrawal for retreats
There is no right of withdrawal for consumers, § 312g Abs. 2 S. 1 Nr. 9 BGB. The booking of a retreat is a service in connection with a leisure activity. According to § 312g para. 2 no. 9 BGB there is no right of withdrawal for such services.
- Reservation of cancellation if the minimum number of participants is not reached, right of cancellation by Yoga Cubano.
10.1 The retreats offered by Yoga Cubano will only be carried out if the minimum number of participants stated in the offer is reached by the cancellation deadline stated in the offer (4 weeks before the retreat begins). The minimum number of participants and the date by which the cancellation must be received can be found in the offer description on the website and in the order confirmation email.
10.2 If the minimum number of participants is not reached, Yoga Cubano can withdraw from the contract up to four weeks before the start of the course if:
Yoga Cubano has specified the minimum number of participants in the respective offer description as well as the point in time by which the participant must have received the notice of withdrawal before the contractually agreed start at the latest; or
Yoga Cubano clearly states the minimum number of participants and the latest cancellation deadline in the order confirmation email and refers to the corresponding information in the offer description.
10.3 Yoga Cubano will immediately refund the course fee to the participant, if a payment has already been made at that time.
10.4 The participant has no further claims. In particular, Yoga Cubano is not obliged to reimburse the participant for cancellation or rebooking costs for transport and leisure services already provided.
- Cancellation by participant - cancellation fees
The participant may cancel the contract with Yoga Cubano at any time before the start of the retreat. If the participant cancels the contract, Yoga Cubano can demand a lump sum compensation. This does not apply if there is a case of force majeure for the participant's cancellation. The compensation will be calculated according to the date of receipt of the participant's cancellation notice as a percentage of the course fee as follows:
Up to 4 weeks before the start of the course: 0 % of the course fee:
2 weeks before the start of the course: 50 % of the course fee
1 week before the start of the course: 80 % of the course price
6 or fewer days before the start of the course: 100 % of the course price.
The participant is at liberty to prove that no damage or considerably less damage has occurred than the flat rate demanded by Yoga Cubano.
- Substitute participant
The participant can provide a substitute participant until the beginning of the booked retreat, who will take over the rights and obligations of the contract. Yoga Cubano can object to the substitution of the participant if the participation of the person causes additional costs or if the person does not meet the special requirements regarding the retreat or if domestic/foreign legal regulations prevent a participation. The participant and the substitute participant are jointly and severally liable to Yoga Cubano.
- Right of withdrawal; cancellation due to special circumstances
13.1 The parties have the legal right to withdraw from the contract.
13.2 The substitution of the announced teachers at short notice does not entitle the participant to withdraw or to terminate the contract.
13.3 If the implementation of the retreat is considerably impeded, endangered or impaired by force majeure which could not be foreseen at the time of the conclusion of the contract, both the participant and Yoga Cubano may terminate the contract. The mutual rights and obligations arise from the legal regulations.
13.4 Yoga Cubano may terminate the contract for good cause at any time before the beginning of and during the retreat in accordance with the legal regulations (§ 314 BGB). An important reason can especially be given if the retreat is disturbed or endangered by the participant and this cannot be remedied even after a warning. Yoga Cubano may also terminate the contract through Yoga Cubano's vicarious agents, who are authorised to do so.
- Liability
14.1 Yoga Cubano is liable without limitation for damages resulting from injury to life, body or health for which it is responsible. Furthermore, Yoga Cubano is liable for other damages that are based on an intentional or grossly negligent breach of duty by Yoga Cubano. A breach of duty by a legal representative or vicarious agent is equal to a breach of duty.
14.2 Yoga Cubano is only liable for simple negligence, except in cases of injury to life, body or health, if essential contractual obligations (cardinal obligations) are violated. In this case, the liability for violation of an essential contractual obligation is limited to the foreseeable damage typical for this type of contract.
14.3 Yoga Cubano is not liable for claims of participants arising from their contractual relationship with third party providers.
14.4 Yoga Cubano is not liable for third party services, especially third party travel services, or for third party services that were merely arranged.
14.5 Yoga Cubano is not liable for damages to life and limb added by the participant himself, regardless of whether these damages occurred while practicing the retreat or yoga.
- Consent in picture and video recordings
15.1 Yoga Cubano reserves the right to take pictures and video recordings during the retreat for use and publication of such recordings on its own website and social media.
15.2 The participant hereby gives his/her consent to image and video recordings of him/her in accordance with section 15.1 of these terms and conditions.
15.3 The participant may revoke his/her consent to the person making the recordings before the image and video recordings are made.
- Applicable law, place of jurisdiction
16.1 German law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
16.2 If the customer is a merchant, a legal entity under public law, a special fund under public law in Germany without a place of jurisdiction, Dresden shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
- Handling of contact data
If you contact us using the contact options offered, your details will be stored in order to ensure that your enquiry is processed and answered. Without your consent, this data will neither be passed on to third parties nor used for purposes other than answering the enquiry.
- Server log files
The provider of the site automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. This data cannot be assigned to specific persons. We do not combine this data with other data sources.
Furthermore, due to our legitimate interest, we collect the following data about accesses to the website and store them on the server.
∙Visited website
∙Time at the time of access
∙Quantity of data sent in bytes
∙Source/reference from which you reached the page
∙Browser used
∙Operating system used
∙IP address used
These server log files are stored for a maximum of 7 days. The data is stored for security reasons and serves no commercial purpose. If data must be retained for evidentiary reasons, it is exempt from deletion until the incident has been finally clarified.
