Terms and Conditions
​These General Holiday Terms and Conditions are based on travel law and comply with the recommendations of the German Association of Travel Agencies and Tour Operators. They govern the legal relationship between you as the customer and Saskia Bing and Josepha Schmidt hereinafter referred to as the „Organizer„.
1.REGISTRATION AND CONFIRMATION
By registering, which can be done in writing, orally, or by telephone, the customer offers Josepha Schmidt & Saskia Bing to conclude a holiday contract. The contract is concluded with the acceptance by the organizer, which does not require any specific form. In the case of registration for multiple participants, the registrant is liable for their contractual obligations as for their own, unless explicitly and separately stated. The customer agrees to the storage of their data.
2.PAYMENT
Upon conclusion of the contract, a deposit of 30% of the holiday/retreat price per participant is to be paid. The remaining payment is due up to 90 days before the start of the holiday/retreat. If the due holiday/retreat price is not fully paid by the contractually agreed start of the holiday/retreat, the organizer will be released from the obligation to provide services and can demand the corresponding cancellation costs from the customer, provided that the customer did not have a right to refuse payment. For travel bookings made within 90 days before the start of the trip, the full payment amount is to be made immediately.
3.SERVICES
The scope of the contractually agreed services of the retreats advertised on the internet at www.reiki-with-saskia.com and www.mindful-balance.net can be found in the service description as well as the information in the holiday/retreat confirmation. However, the organizer expressly reserves the right to make changes to the program details for objectively justified, significant, and unforeseeable reasons before the conclusion of the contract, about which the customer will be informed both before and after booking.
4.CHANGE OF SERVICES
Changes and deviations of insignificant holiday/retreat services from the agreed content of the contract that become necessary after the conclusion of the contract and were not brought about by the organizer against good faith are permitted, provided that they do not impair the overall nature of the booked holiday. The organizer expressly reserves the right to deviations from the planned holiday/retreat itinerary, which cannot be completely ruled out due to the special nature of the retreat. Changes in the retreat/holiday itinerary due to force majeure such as weather conditions may lead to deviations from the planned itinerary.
5.CANCELLATION OR INTERRUPTION BY THE CUSTOMER
The customer can withdraw from the holiday contract at any time before the start of the holiday/retreat. The decisive factor is the receipt of the written declaration of withdrawal by the organizer. If the customer withdraws from the holiday contract or if the customer does not commence the holiday without withdrawing from the holiday contract, the organizer can demand reasonable compensation from the customer. The right to compensation is due to the organizer regardless of the reasons that led the customer to withdraw. The organizer may calculate this claim specifically or, considering the following breakdown, may generalize it in proportion to the holiday price in relation to the time of withdrawal before the contractually agreed holiday start.
The following flat cancellation fees apply per person: withdrawal up to 91 days before the start of the holiday 30%, from the 90th day before the start of the holiday 40%, from the 44th day before the start of the holiday 50%, from the 22nd day before the start of the holiday 60%, from the 15th day before the start of the holiday 75%, from the 2nd day before the start of the holiday 90% of the total travel price, on the day of departure or in case of cancellation on Saturday, Sunday or public holiday immediately before the day of departure 100%.
Instead of withdrawing, the customer can nominate a substitute person. The organizer reserves the right to reject this person if they do not meet the special requirements of the holiday/retreat or if their inclusion is not possible for organizational reasons, or if their participation is contrary to legal requirements or official orders. The original and new holiday participant are jointly and severally liable for any additional costs resulting from the change in the person of the holiday participant. If the customer, without declaring his own withdrawal, is unable to commence the retreat/holiday on the day of departure due to his own fault or if incomplete or invalid travel documents hinder his departure, the organizer generally retains the right to the retreat/holiday/retreatprice but must offset the value of the saved expenses.
If, for compelling reasons, the customer does not avail themselves of individual services during the holiday or terminates the holiday/retreat prematurely, there is no entitlement to a partial refund for the customer. However, the organizer will refund saved expenses to the customer as soon as and to the extent that they have actually been reimbursed by the individual service providers. In the event of early termination of the holiday/retreat, the customer is responsible for their onward or return journey.
6.ADDITIONAL COSTS
All additional costs arising from or in connection with changes to the planned holiday itinerary for reasons attributable to the customer during the holiday are borne by the customer and must be paid to the respective claimant immediately upon occurrence. These additional costs include, for example, extensions of the stay or early departures.
7.CANCELLATION AND TERMINATION BY THE ORGANIZER
The organizer can withdraw from the contract up to 91 days before the start of the holiday if the minimum number of participants specified in the holiday description has not been reached. The customer will receive the paid holiday/retreat price back immediately. The customer has no further claims.
The organizer can terminate without notice if the customer persistently disrupts the performance of the holiday despite a warning from the organizer or if the customer behaves in such a way that immediate termination (summary termination) of the organizer is justified. The peculiarities and requirements of the holiday as well as the interests of the group must be taken into account. This applies in particular if the customer does not meet the special requirements of the holiday (health, physical, and mental), which are expressly stipulated in the holiday description on the internet at www.reiki-with-saskia.com and www.mindful-balance.net.
If the performance of the holiday/retreat is significantly impeded before or after its start due to extraordinary circumstances that were not foreseeable at the time of conclusion of the contract, especially force majeure, or if a vaccination requirement for entry is imposed after the holiday/retreat has been advertised by the organizer and booked by the customer, both the customer and the organizer can terminate the holiday contract. If the contract is terminated by the organizer or by the customer – whereby the customer’s reasons for termination must fall within the risk area of the organizer – all costs on site for services provided or to be provided to terminate the holiday are borne by the organizer. If the termination is declared by the customer without the reason for termination falling within the risk area of the organizer, the organizer can demand reasonable compensation.
8.LIABILITY
The organizer is liable within the scope of the duty of care of an ordinary merchant for the accuracy of the performance description on the internet at www.reiki-with-saskia.com and www.mindful-balance.net (unless a change in the program details has been declared before conclusion of the contract), for careful preparation, the careful selection and supervision of service providers, as well as for the proper provision of the contractually agreed holiday/retreat service, taking into account local customs and practices, and for any fault on the part of the persons entrusted with the provision of services.
9.LIMITATION OF LIABILITY
The contractual liability of the organizer for damages that are not bodily injuries is limited to three times the holiday price, provided that damage to the customer is neither intentional nor grossly negligent, or insofar as the organizer is responsible for damage to the customer solely due to the fault of a service provider. With regard to all contractual or tortious claims that may arise, liability of the organizer for such services is excluded or limited if they are provided by a service provider whose liability is also excluded or limited on the basis of international agreements or regulations based on such agreements.
For all holidays organized by the organizer, which are associated with significant risks or unforeseeable circumstances due to their particular nature or require improvisation by the holiday leader, liability for success, meeting expectations, and circumstances arising from these peculiarities is excluded. The organizer is not liable for general life risks, such as accidents that may occur when using local land and water transport of all kinds, as well as own and rented vehicles, which are used or shared, unless the latter are caused by gross negligence or intent of the service providers by the organizer. The same applies to offers and activities of all kinds such as yoga, meditation, bodywork, hikes, etc., as well as attacks by animals and humans.
The organizer is not liable for disadvantages that may arise from defective rented vehicles, arbitrary measures by local authorities, fuel or supply problems, or other circumstances of force majeure not attributable to the organizer, unless disadvantages are caused by gross negligence or intent of service providers.
For all holidays of this kind, there is an increased risk of illness, accidents, and injuries, which cannot be excluded even with careful supervision. The customer bears this residual risk himself and is encouraged to secure himself accordingly by taking out travel health, accident, and personal liability insurance and to check his insurance coverage.
In nature and especially in remote areas, there are very limited rescue and/or medical treatment options due to technical and logistical difficulties, so that even minor injuries or incidents can have serious consequences. The organizer assumes a significant level of personal responsibility and caution from each participant, as well as appropriate personal holiday preparation, but also an increased level of risk-taking. The organizer is not liable for damages caused by the customer’s own negligence or by failing to follow the instructions of the holiday leader. The organizer is not liable for activities carried out and specially remunerated by participants with third parties, with whom contracts are concluded under local law at the participant’s own initiative, and for additional arrangements requested by participants during the holiday. Liability for general life risks of the customer, such as theft, loss, and damage to luggage – when stowed in vehicles – is excluded, unless caused by grossly negligent or intentional fault of one of our service providers.
10.CUSTOMER’S DUTY TO COOPERATE
The customer is obliged to do everything reasonable to remedy any service disruptions and, within the framework of legal regulations, to cooperate in order to contribute to the remedy of the disruption and to avoid or minimize any resulting damage. In particular, the customer is obliged to report any defects to the holiday leader without delay. If the customer culpably fails to report a defect, a claim for reduction does not arise.
11.REMEDY, EXCLUSION OF CLAIMS AND STATUTE OF LIMITATIONS
If the holiday is not provided in accordance with the contract, the customer can demand a remedy, whereby the organizer can refuse the remedy if it requires disproportionate effort. The organizer can provide a remedy by providing the customer with an equivalent or higher-value substitute service.
If a retreat is significantly impaired due to a defect and the organizer does not provide a remedy within a reasonable period, the customer can, within the framework of legal regulations, terminate the holiday contract – in his own interest and for evidentiary reasons, expediently by written declaration. If the customer wishes to assert claims against the organizer for reduction, damages due to contractual or tortious liability, reimbursement of expenses, or repayment of the holiday price after termination of the holiday contract or after the holiday is terminated for other reasons, he must notify the organizer of these claims within one month after the contractually stipulated end of the holiday.
After the expiry of the deadline, the customer can assert claims if he was prevented from complying with the deadline without fault. Claims by the customer for warranty and contractual liability expire within one year after the contractually stipulated end of the holiday according to §§ 651c to 651f BGB. The limitation period begins on the day the retreat was supposed to end according to the contract. If negotiations between the customer and the organizer regarding the claim or the circumstances giving rise to the claim are ongoing, the limitation period is suspended until either the customer or the organizer refuses to continue the negotiations. The limitation period expires at the earliest 3 months after the end of the suspension. Claims arising from unlawful acts expire after 3 years.