TERMS AND CONDITIONS – Rachel Sundstrom Yoga by Sundstrom Group GmbH
1. In these Terms and Conditions the following definitions apply
(I) “Company” means Rachel Sundstrom Yoga by Sundstrom Group GmbH
(II) “Client" means means “you” in this agreement.
(III) “Terms and Conditions” means these terms and conditions.
(IV) "the Retreat" means the yoga retreat that you have booked on to subject to these terms and conditions
2. References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
3. The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Company. Any such changes will be notified to Clients and, until revoked, are and will be binding.
INCLUDED IN THE RETREAT
4. Included within the advertised price of the Retreat is generally the following:
4.1. Accommodation and food and drink (unless otherwise stated otherwise on the schedule advertised on the website at www.rachelsundstrom.ch) ("the Website"); and
4.2. Any trips or excursions as advertised on the individual retreat schedule advertised from time to time on the Website.
NOT INCLUDED IN THE RETREAT
5. Items not included in the Retreat include the following:
5.1. Your flights to and from Ibiza;
5.2. Your airport transfers to and from the retreat venue;
5.3. Any other costs incurred prior to meeting for the Retreat at the airport and any other costs after the return to the airport on the Retreat end date;
5.4. Any insurance, including travel insurance;
5.5. Passport or visa costs;
5.6. Any food and drink over and above what we include within the Retreat; or
5.7. Anything other than what is included within the Retreat (as advertised on the Website).
BOOKING, PAYMENT AND CANCELLATION POLICY
6. The Client's space on the Retreat is confirmed only upon confirmation of receipt of the Clients' payment of the deposit (as advertised from time to time on the Website) ("the Deposit"), which as at the date of the Terms and Conditions is currently € 500. Upon that confirmation the Terms and Conditions apply to the contract between the Company and the Client which incepts on that booking confirmation. If we are unable to accept your booking, the Company will return any payment due to the Client as soon as is reasonably practicable.
7. If a booking is made on behalf of the Client and other clients, the Company reasonably assumes that the Client making the booking has the authority to bind the other clients, and will be treated as being jointly and severally liable for those other Clients.
8. The cost of the Retreat is as advertised from time to time on the Website ("Prices") as at the date of the Terms and Conditions.
9. The Booking Cost is payable in full if the Early Bird Discount applies or (unless otherwise expressly agreed with the Company) 10 weeks prior to the date of the advertised commencement date of the Retreat.
10. For bookings made within 10 weeks of the Retreat the Booking Cost must be paid in full to confirm the booking (unless otherwise expressly agreed with the Company in writing).
11. The Deposit is wholly non-refundable upon a cancellation by the Client (see our full cancellation terms below).
12. Payment of the Deposit and/or the Booking Cost should be made by E-Banking transfer to the following account:
Sundstrom Group GmbH
Bank: UBS AG Switzerland
CH26 0022 5225 1139 0201 E
BIC / SWIFT: UBSWCHZH80A
13. All Payments should reference the surname of the Client and the start date of the Retreat (e.g, '19/09/20'), so that it can be allocated correctly.
14. Payment can also be made by credit card or in instalments albeit the Company reserves the right to charge the Client an additional card payment fee for this, equivalent to the charge made by the company who provide the credit or debit card being used.
15. If the Booking Cost is not received within the date 10 weeks prior to the start of the Retreat, the Company reserves the right to cancel the booking and to retain the Deposit (and any other sums paid by the Client to date).
16. In the unusual event that the Company has to cancel the Retreat, a full refund of the Booking Cost including the Deposit to the extent it has been paid by the Client to date will be made by the Company.
17. If the Client cancels a booking, the following conditions apply:
17.1. The Deposit is forfeited by the Client in respects of any cancellation in all circumstances;
17.2. If the Client Cancels the booking prior to the date 10 weeks prior to the Retreat start date, then the Company will refund 50% paid by the Client over the level of the Deposit, which is non-refundable (as above);
17.3. If the Client Cancels the booking after the date 10 weeks prior to the Retreat start date, then the Company reserves the right to request payment of the full
Booking Cost or any lesser sum that is expressly agreed with the Company in writing;
17.4. If the Client arrives at the Retreat late or leaves the Retreat before it has concluded, no refund will be given by the Company;
17.5. At the discretion of the Company, it may allow a Client who cancels the Retreat booking: to transfer the sum paid to another person who wishes to take the cancelling Client's place on the Retreat, who will then be subject to the Terms & Conditions.
BOOKING CONDITIONS / LIMITATION OF LIABILITY
18. The Client shall keep all of the Retreats' fixtures, fittings, furniture and effects in a clean and good condition and shall replace any articles, which are destroyed, damaged or missing with articles of a similar kind and of equal value.
19. The Company reserves the right at its sole discretion to terminate use of the retreat venue and facilities by the Client in the event of any breach of the Terms and Conditions and/or if they are deemed to be acting in a manner that is deemed (at the discretion of the Company solely) detrimental to the enjoyment of other Clients on the Retreat. In these circumstances the Client will be required to vacate the Retreat immediately and no refund will be provided by the Company to the ejected Client, not will the Company be liable for any resulting cost and/or loss arising from the ejection.
20. The Client must comply with all instruction given by the yoga instructor on the Retreat and must ensure that they are both suitably medically and physically fit enough to participate on the Retreat. If the Client is unsure of this, they MUST seek the advice and consent of a qualified doctor in order to participate.
21. Clients with low or high blood pressure and/or cardiac irregularities should not attend the Retreat without written permission from their doctor to do so. If there is any doubt, the Client should consult their doctor. Clients MUST notify the Company before booking of any circumstances affecting their health which may be exacerbated through the practice of yoga on the Retreat.
22. If a Client requires emergency professional medical care whilst on the Retreat, the Company will use its reasonable endeavours to obtain it promptly and to inform the Client's travel insurers as quickly as practically possible. Please ensure that you provide us with your next of kin details and details of your travel insurance provider, reference number and contact numbers in case of emergency, so that the Company can make arrangements for them to be contacted in an emergency. The Client agrees to indemnify the Company against any costs it incurs in providing such assistance, including payment for any transport to a medical facility.
23. Clients should notify the Company of any dietary restrictions that the Company should be made aware of, including any allergies or other food intolerances, such as gluten intolerance or a nut allergy (for example) - at least 30 days prior to the Retreat start date. Where a food allergy is so severe that the slightest exposure to the substance in question could cause a life-threatening reaction (for example where a reaction may be triggered other than by actually eating the foodstuff, or by consuming minute trace elements on the hands of a staff member or another person), the Client must advise the Company in writing of the severe nature of the allergy BEFORE booking. The Company then reserves the right to advise the Client that, it is unable to guarantee the Client's safety, in which case, should the Client wish to choose to proceed with the booking and the Company agrees to accept that booking, the Client attends the Retreat entirely at their own risk, and would be asked to confirm this in writing to the Company in order to confirm the booking. If the Client fails to advise the Company of a known allergy at the point of booking, they will be in breach of contract, and the Company will have no liability to the Client at all in the event of any subsequent incident relating thereto.
24. The Company is not liable for any injuries to the Client in respects of their use of our facilities on the Retreat, or any injury through participating in yoga on the Retreat, or any injury occurring on a trip or excursion off site. The Client is obliged to arrange their own travel insurance and bring the details with them in case of an emergency.
25. The Company reserves the right to change elements of the Retreat when reasonably necessary to do so, including the identity of the self-employed yoga instructor and the Retreat venue advertised on the Website from time to time (only if absolutely necessary to do so for reasons beyond the reasonable control of the Company). The Company will inform the Client of any such changes before the Retreat start date. If the Company consider a necessary change is particularly important, we will tell the Client about it as soon as we can and will notify the Client that it is a 'serious' change sufficient to give the Client the opportunity to either accept the change, to attend a different Retreat advertised by the Company, or to cancel the booking and accept a full refund. This notification will be at the sole discretion of the Company.
26. If a problem occurs which is so serious that the Company has to cancel the Retreat before the date of departure, the Client may choose to accept an alternative Retreat advertised by the Company with sufficient space (paying or receiving a refund / credit in respect of any price difference) or a full refund of all sums paid by the Client to the Company.
27. The Company will not be liable to the Client for any loss and/or damage from the Retreat when such loss and/or damage is caused by unusual and/or unforeseeable circumstances that arise which are beyond the Company's control, the consequences of which the Company could not have avoided even with all due care and skill. In these circumstances, the Company is not liable to pay the Client any additional travel or any other costs, expenses or losses which the Client incurs as a result of any change or cancellation by the Company, such made by you in relation to your booking of the Retreat, albeit the Company will use its discretion in relation to reimbursing a Client for flight cancellation or other travel costs on a case-by case basis.
28. The Company reserves the right to cancel any Retreat for which there are not enough
bookings, no less than 4 weeks prior to the Retreat start date. In the event of such a cancellation by the Company for this reason, the Deposit and any other payments made in respects of the Booking Cost will be refunded to the Client in full, or, can be transferred to an alternative Retreat advertised by the Company at the option of the Client.
29. The Company reserves the right to offer discounts on the Booking Cost and this does not affect the status of any Clients who have paid the full Booking Cost and no discount applied will then become due to them.
30. The Company is not liable for any of the following:
30.1. any problem arising from a failure of the Client to reach the meeting point on
time, for whatever reason (though we will use our reasonable endeavours to assist in any way we reasonably can);
30.2. the quality of the yoga teaching, treatments or workshops you experience on the Retreat;
30.3. medical problems or physical difficulties or emergencies, even if the Client has told the Company of these in advance;
30.4. A Client's own carelessness or negligence in any aspect of their behaviour on the Retreat;
30.5. Any changes the Company make to the itinerary or to accommodation of
any other aspect of the Retreat in accordance with the Terms and Conditions;
30.6. Any complaints or issues which the Company could have potentially resolved whilst on the Retreat but which the Client only raises after the end date of the Retreat;
30.7. Any liability for any injury, illness, death, loss, damage, expense or other intimated claim of any nature whatsoever, which arises from either 1) an act or omission of another Client on the Retreat or the Client; or 2) an act or omission of a third party not connected with the Retreat; or 3) any activity that does not form part the services provided by the Company or its third party providers on the Retreat;
31. The Company makes no warranties or representations of any kind that the services provided by this Website will be uninterrupted, error-free or that the Website or the server that hosts the web site are free from viruses or other forms of harmful computer code. In no event shall the Company, its employees or agents be liable for any direct, indirect or consequential damages resulting from the use of this Website. This exclusion and limitation only applies to the extent permitted by law.
33. Rachel Sundstrom Yoga by Sundstrom Group GmbH, Company No. UID CHE-116.270.988, Habüelstrasse 111, 8704 Herrliberg - www.rachelsundstrom.ch.
34. Should the Client have any complaint, this should in the first instance be raised with the Retreat host immediately, so that the Company can look to remedy any issues. If the Client considers that the complaint has not been satisfied to their satisfaction at the time of reporting it to the Retreat host, then the complaint should be made in writing immediately, and in any event, within 14 days of the end of the Retreat to be considered.
35. If any term or provision of this Agreement is at any time held by any
jurisdiction to be void, invalid or otherwise unenforceable, then it shall be interpreted
as amended to prevent it from being void and it shall be
binding in that changed form. Subject to that, each
provision shall be interpreted as severable and shall not in any way
affect any other of these terms.
36. In the event of a dispute between a Client and the Company, the validity, construction and performance of this Agreement is subject exclusively to the Laws of Switzerland and the Client agrees that any dispute arising from the Agreement shall be subject to the exclusive and sole jurisdiction of the courts of Switzerland;
37. This agreement does not give any right to any third party under the Contracts (Rights or Third Parties) Act 1999 or otherwise.