WEBSITE & SERVICES | GENERAL TERMS AND CONDITIONS AGREEMENT
Effective date: March 10, 2023
Welcome to Tamara Miriam Bäuerle. Please read carefully. Your access and use of this Website (defined below) is subject to the legally binding Terms and Conditions that you accept and agree to by accessing this Website.
1.1 The website www.tamaraflussdeslebens.de (the “Website”) is owned and operated by “Tamara Miriam Baeuerle” (“Company”, “we”, “us” and “our”), a privately held company based in Bernstadt, Germany. Tamara Miriam Baeuerle offers yoga classes and organizes yoga retreats (“services”).
1.2 By using the Website in any way or by making a reservation for our services, users of the Website (“Users”) and/or all customers making reservations for our services (“Guests”) (both “Users” and “Guests”) hereinafter referred to as “you”, “your” or “yours”) accept these Terms and Conditions (“Terms”) fully and unconditionally. The terms and conditions shall apply in full as if they had been put down in writing and signed. If you do not agree to these terms, please do not use the Site. By using the Site, you represent that you have the authority, right and capacity to enter into this Agreement and that you will comply with all of these Terms.
2.1 To use or access our Website and Services and make a reservation on the Website, you must be eighteen (18) years of age or older. You agree that all information submitted is accurate and truthful.
3 RETREATS | General Terms and Conditions
If you reserve a spot at our retreat, your participation will be confirmed upon completion of payment. To secure your booking, you must pay a non-refundable deposit of at least 30% per guest within 24 hours of booking. Depending on availability, you can change your booking within the calendar year to a place of equal or higher value. The balance is due at least 90 days before the arrival date. If your final payment is not received in time, your place may be assigned to another guest. Last minute bookings, i.e. bookings made less than 90 days prior to the retreat, must be paid in full at the time of booking. You can choose to pay the balance all at once or on demand in up to three monthly installments with an additional charge of €90. We will inform you about the exact dates when the installments are due. Your participation will be confirmed after payment completion of the last installment. If you do not make all payments, your participation will be cancelled.
3.2 Group and Private Retreat Reservations
If you would like to make a group reservation, you can add the total number of attendees, their names, email addresses, preferred accommodations, dietary restrictions, and promo codes (if applicable) in the comments section of the reservation form. You warrant that you have the right to provide personal information about others to us. You can also make a reservation for a private retreat by emailing firstname.lastname@example.org.
3.3 Cancellations by you
If you cancel up to 90 days before the check-in day, you will receive 100% refund minus the deposit. Cancellations made between 61 and 90 days before the arrival date will be refunded 50% of the deposit, minus the deposit. Because we must commit to accommodations and other arrangements in advance, no refunds will be given for cancellations made within 60 days of your scheduled arrival. We do not offer credit for late arrival or early departure.
3.4 Cancellations by us
If we cancel a service for any reason, we will notify you as soon as possible. In this case, you have the right to attend another retreat (for a space of equal or lesser value, subject to availability) or request a refund of your payment. The Company is not liable for any costs incurred in preparing for a cancelled retreat, such as lodging, tickets, lost work, or other costs associated with preparing for your retreat trip.
3.6 Reservation of rights
We have the right to make any changes deemed necessary to our retreats without offering a refund. For example, we may replace your yoga instructor at our discretion in the event of illness, emergency, or other reasons. We may also change the premises where the retreat will be held due to emergencies or force majeure or other reasons at our absolute discretion and may always offer you another equivalent location.
3.7 Force majeure
In no event shall the Company be liable to you for any failure, delay, misperformance or nonperformance of its obligations arising out of or caused by forces beyond its reasonable control, including, but not limited to, strikes, acts of war or terrorism, pandemics, lockouts, governmental directives orders, civil or military disturbances, natural disasters, failure or malfunction of utilities, communications or computer services, and for any force majeure circumstances occurring at your destination, whether political upheaval (war, government shutdown) or natural disaster (pandemic, catastrophe , earthquake, forest fire or flood, volcanic eruption).
4. ONLINE YOGA CLASSES & RETREATS| General Conditions
When you reserve a spot in our online yoga classes and retreats, your participation will be confirmed upon completion of payment. To secure your booking, you must pay a non-refundable deposit of at least 30% per guest within 24 hours of booking. Depending on availability, you can change your booking within the calendar year to a place of equal or higher value. The balance is due at least 90 days before the arrival date. If your final payment is not received in time, your place may be assigned to another guest. Last minute bookings, ie. Bookings made less than 90 days prior to the retreat must be paid in full at the time of booking.
4.2 Cancellation conditions
Your booking is non-refundable in the event of cancellation or no-show for the event. Your booking is transferable to another date, subject to availability, if you notify us of your request to cancel your attendance up to 24 hours prior to the start of the session. If we cancel a session for any reason, you have the right to rebook (at the same price or lower) or request a refund of your payment. The Company is not liable for any costs incurred in preparing for a canceled meeting (e.g., lodging, tickets, lost work, or other costs associated with preparing for your meeting).
5. SPECIAL CONDITIONS apply to Yoga Retreats & Online Yoga Courses & Retreats.
5.1 Our Services are for entertainment and informational purposes and are not a substitute for medical care, examination, diagnosis or treatment. Our services include physical activity, which consists of physical movements and relaxation and release of muscle tension. As with any physical activity, the risk of injury, even severe or disabling, is always present and cannot be completely eliminated. Under certain medical conditions, yoga is not recommended and may not be safe. It is your responsibility to inform the instructor of any health limitations prior to the start of class. It is also your responsibility to stop any activity that makes you feel uncomfortable and to ask the teacher for assistance during class. To participate in the class, you acknowledge that a licensed physician has verified your good health and physical condition to participate in such fitness program or has approved your participation if you are in special circumstances such as pregnancy or postnatal or postoperative time. You are solely responsible for your health and ability to attend such sessions, and you attend sessions solely at your own risk. You hereby irrevocably release and waive all claims against Tamara Miriam Baeuerle, its owners, officers, employees and instructors, and you assume full responsibility for all damages that may result from participation. We also strongly encourage you to check your health insurance before purchasing any of our retreats or other yoga sessions.
5.2 Image and film usage rights
With the registration you agree that during the yoga retreat and the yoga classes accompanying photos will be taken, which will be made available to all participants, and may be used for internal documentation and promotional purposes (social media, websites, print media). If you do not agree with this, please inform the organizer in writing before the start of the retreat.
6. general disclaimer – limitation of liability
6.1 We will not be liable for any loss or damage you suffer unless it is due to our breach of these Terms or our negligence. We are liable only up to the amount of the fee paid by you. We will not be liable for any loss or damage that is not foreseeable or consequential, or for any incident that may occur during the provision of the Services (e.g., illness, personal injury, trauma, or death), unless caused by our negligence.
6.2 Given the nature and scope of the information on the Internet, under no circumstances, including negligence, shall the Company or its representatives be liable for any loss or damage of any kind incurred by users of the Website using it solely and exclusively on their own initiative and responsibility. Under no circumstances, including but not limited to negligence, shall the Company or its agents be liable for any loss or damage of any kind incurred as a result of your use or inability to use the Site.
7. PAYMENT METHODS
7.1 You can make payments by PayPal or by bank transfer to the bank details provided in the confirmation email we send you.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All content contained on or made available through the Website, including but not limited to text, graphics, logos, images, audio clips, videos, designs, source code and the Website as a whole, is the intellectual property of the Company and protected by applicable copyright laws. The Company owns all intellectual property rights either directly as the author or indirectly licensed from the respective authors. It is prohibited, among other things, to copy the design, graphics, images, texts, logos and the entire content of the website, to reproduce, modify, publish or distribute the content of the website in whole or in part in any way . It is also forbidden to decompile the software of the website or to use it in any unauthorized way.
8.2 The features appearing on the Website are either registered trademarks of the Company or third parties and enjoy protection under applicable trademark laws and international conventions and treaties. The display of these trademarks on the Site shall not, under any circumstances, be deemed a license to use them without the prior written permission of the Company.
8.3 Any infringement of the intellectual property rights referred to in paragraphs 2.1 and 2.2 shall result in the penalties and liabilities provided for under applicable law.
10. LINKS to third party websites
11. NO WARRANTY
11.1 All services and contents of the Website are provided “as is”, without express or implied warranty of any kind with respect to their commercial use or fitness for a particular purpose. No express warranty is made that the pages, services, functions, options and content of the Website will be provided without interruption or error, or that errors will be corrected. Despite our efforts, there is no guarantee that the website does not contain viruses or other harmful content.
12.1 You shall be liable to the Company and its affiliates for any damages caused by any illegal or harmful use of the Website by you or any use in a manner not in accordance with these Terms. You agree to promptly upon demand indemnify, defend and hold us harmless from and against any and all liability, damages, losses, costs and expenses, including attorneys’ fees, arising out of liabilities resulting from your use of the Site or any breach of these Terms.
13. CHANGE OF THE CONDITIONS
13.1 The Company reserves the right to change the content and scope of these Terms and Conditions at any time, even without prior notice. For this reason, we recommend that you visit this page from time to time to check for changes. In the event of any subsequent change to the Terms, your use of the Site at any time will mean that you accept the new Terms.
14. applicable law and other provisions
14.1 The above terms and conditions and any amendments thereto shall be governed by and supplemented by Greek law, the law of the European Union and the relevant international conventions to which Greece is a signatory. It is agreed that all the above conditions have the same content. If any of the foregoing provisions is contrary to law, it shall be automatically invalidated and removed without affecting the validity of the other terms in any way.
14.2 Tamara Miriam Baeuerle and the Guests shall endeavor to ensure that any disagreement, dispute or difference of opinion arising during the conclusion, interpretation and execution of these General Terms and Conditions, as well as any related claims, shall be settled out of court, with negotiations in good faith within a reasonable period of time after the date of the written expression of the disagreement by one of the parties. If a disagreement is not settled in this manner, the courts chosen by Tamara Miriam Baeuerle shall have exclusive jurisdiction to settle it in court and shall decide on all enforcement proceedings. German law applies.
If you have any questions about these Terms and Conditions or would like more information, please contact us by email at email@example.com or by phone at +4915756033288.
Last updated: March 10, 2023