2. Course and Event Offer

2.1
Scope and implementation of course and event offerings

The Sole trader offers, in particular, yoga classes (individual or group, and with various levels of difficulty), workshops, and yoga training and further education. In addition, the offering includes Sole trader also Yoga Retreats (the events named herein, being the overall course and event offering).

2.2
Opening hours and changes to course and event offerings

• The office and course opening hours, as well as the current course and event offerings, are available on the website of Sole trader (www.mountainflow-yoga.com) published and continuously updated.
• The Sole trader reserves the right to hold training and further education courses in alternative venues at a reasonable distance for customers from the originally specified locations, if necessary. The respective venue will be communicated to customers at least one week before the start of the event in this case.
• The Sole trader Furthermore, we reserve the right to make necessary changes regarding the opening hours of the yoga studios used, the course and event offerings, and the teachers or instructors of the respective courses or training and further education. Corresponding changes will be announced on the website www.mountainflow-yoga.com.
• Sollten bis 14 Tage vor Veranstaltungsbeginn für einzelne Veranstaltungen weniger als sechs Teilnehmer angemeldet sein, behält sich die Organisation das Recht vor, die Veranstaltung abzusagen. Sole trader the right not to hold the affected events. Affected customers will be informed of the cancellation by e-mail. In this case, the Sole trader In agreement with the affected customers, offer a free rebooking for a comparable alternative event at the earliest possible date. Fees already paid will be offset in the event of a rebooking. Should an alternative date not be desired by the affected customers, the fees paid will be refunded.
• In cases of force majeure, such as in particular fire damage, floods, avalanches, strikes, lawful lockouts and epidemics (including pandemics) provided that a danger level of at least „moderate“ has been determined by the Robert Koch Institute, the sole proprietor affected thereby shall be released from the obligation to deliver or accept for the duration and to the extent of the impact. In the event of cancellation of courses or events, the sole proprietor shall offer the following compensation options: a. For the same event, an alternative date is proposed. Should accommodation costs change, for example, the difference must subsequently be paid by the course participant. b. The event fee will be refunded to the original payment method.

2.3
Monthly and season tickets; single tickets

• The Sole trader offers point cards and individual tickets for booking the offered yoga classes, which entitle participants to book and attend all Mountainflow Yoga classes. 10-class cards are valid for booking the yoga classes offered within this period for a period of 6 months from the time of first use. 5er cards are valid for booking the yoga classes offered during that period for a period of 3 months from the time of first use. Point cards are available as 10-class and 5-class passes for booking individual yoga classes lasting between 60 and 75 minutes. Individual yoga classes can be booked via single tickets.
• Points cards cannot be used for booking workshops, training and further education events, or yoga retreats.
• Points cards are generally personalised, valid for one person only and are non-transferable to third parties. However, in individual cases, transferability may be permitted for special reasons (pregnancy, relocation, permanent illness or injury) subject to prior agreement with the Sole trader is possible.
• Paid loyalty cards will expire after the validity period has passed. A refund of paid fees is not possible.
• The validity of season tickets can be extended in special exceptional cases.

3. Prices, Payment Terms, Set-off

3.1 
Price list

Participation prices and fees, as well as information and details on booking the course and event offerings, can be found in the current price list of Sole trader, which are available via the website www.mountainflow-yoga.com/preise and by email.

The prices for retreats are also dependent on accommodation/hotel room availability and costs. For each retreat, detailed information will indicate by which date a specific fixed price can be guaranteed and by which date the retreat can be cancelled under certain conditions. These individual refund policies are accepted upon online registration for the retreat.

3.2
Payment Due

Unless otherwise agreed, participation fees and charges are due immediately upon conclusion of the contract.

3.3
Payment

Payment of the invoiced participation fees or charges can be made by bank transfer to the account specified on the invoice. Sole trader or on-site at the respective event in cash, by debit card or voucher. In the case of an online booking via Eversports Payment via online payment systems (e.g. PayPal), bank transfer or credit card is possible.

3.4
Discounts and promotions

Discounts, promotions, or other special offers are valid only for the specified period. Promotional vouchers will only be accepted if presented in their original form. Combining multiple discounts from different promotional offers within a single booking is not permitted.

3.5 Set-off

A customer's right of set-off shall only exist if their counterclaims have been legally established, acknowledged or by the Sole trader undisputed.

4. Non-participation, cancellation, termination

4.1
Cancellation, default, non-attendance

It is pointed out that in the event of cancellation, failure to attend or other non-participation in booked events, particularly with regard to initial or further training, including training modules, entitlement to a refund of the participation fee or event fee, or parts thereof, is excluded. A certificate of attendance or completion will not be issued for initial or further training courses that have been started but not fully completed in the aforementioned sense.

4.2
Cancellation by Customer – Regular Yoga Class

Bookings for the classes take place via the Eversports system. Here, customers can register or deregister for regular classes. free of charge  The cancellation deadline for a yoga class in the booking calendar is 6 hours before the start of the class. Cancellations via Eversports are possible up to 6 hours before the class. Cancellations within shorter notice are not possible. A cancellation is ONLY valid through the Eversports system. Sending an email or making a phone call is NOT sufficient, as neither the phone nor email are regularly monitored. The Eversports booking system is used for this purpose. 
If a cancellation is made less than 6 hours before the yoga class, or if you do not show up, the amount booked will be due or automatically deducted from your existing credit package.  

We are part of the eGym Wellpass network. The same cancellation conditions apply to bookings made via Wellpass as for other point cards. If a booked session with Wellpass is not cancelled 6 hours before the course or the customer does not show up, this session will be charged to the customer personally at a rate of €18 and cannot be settled retroactively by Wellpass. This is explicitly pointed out during the booking process. 
Re-participation with Wellpass is only possible again after outstanding invoices have been settled.

4.3

Cancellation by customers – cancellation fees – Retreat / Workshop

The customer may cancel the contract with the sole proprietor in writing at any time before the start of the retreat/workshop. If the customer cancels the contract, the sole proprietor may demand a lump-sum compensation. The compensation will be calculated as follows, as a percentage of the course fee, based on the time the customer's written cancellation notice is received:

• Until 8 weeks before Retreat-/ Workshop start: 20 % of the invoice amount

• Until 6 weeks before Retreat-/ Workshop start: 60 % of the invoice amount

• Up to 4 weeks before Retreat-/ Workshop start: 100 % of the invoice amount

Any statutory cancellation and termination rights available to the customer shall remain unaffected.

Booking a yoga retreat is a service related to a leisure activity. According to § 312g Paragraph 2 No. 9 of the German Civil Code (BGB), there is no right of withdrawal for such services.

5. Liability

5.1
A claim for damages by Sole trader, their legal representatives or vicarious agents exists only if the damage

• attributable to gross negligence or wilful misconduct; or
• caused by a wilful breach of a material contractual obligation (cardinal obligation), i.e. an obligation the fulfilment of which is essential for the proper performance of the contract or the breach of which endangers the achievement of the contract's purpose and on the observance of which the contractual partner may therefore regularly rely.

5.2
In addition, liability of the Sole trader for damages – for whatever legal reason – excluded.

5.3
Is liable Sole trader pursuant to point 5.1(b) for the breach of a material contractual obligation, without gross negligence or intent, liability shall be limited to the extent of damage that would typically arise Sole trader which they could typically expect at the time of concluding the contract, given the circumstances known to them.

5.4
The aforementioned limitations or exclusions of liability shall not apply in the event of wilful or negligent injury to life, limb or health, for liability claims under the Product Liability Act, nor in the case of a contractually agreed, strict liability obligation.

5.5
Customers are advised not to bring any personal belongings or valuables into the yoga studios or other event spaces. Sole trader accepts no responsibility for their safeguarding or any other duty of care for personal belongings or valuables brought onto the premises. Depositing money, personal belongings or valuables in areas provided by Sole trader the lockers provided do not impose any obligations on the part of Sole trader regarding the items brought in respectively.

5.6
Participation in the course and event offerings should only be undertaken when customers are in full health. In their own interest, the Sole trader their customers that they should declare their intention to participate, particularly in cases of special health problems such as physical disabilities, previous operations, pregnancy problems, etc., before participating in events Sole trader discuss with a doctor and, upon registration and in the event of participation in an event, inform the teacher or speaker of existing health restrictions before the event begins.

6. Copyright

6.1
It is noted that the copyright and/or exclusive usage rights of all scripts and publications belong to Sole trader and their further use of any kind, particularly reproduction or disclosure to third parties, is prohibited or expressly requires written authorisation from the Sole trader Need.

6.2
Infringements will be penalised in each individual case with a lump-sum contractual penalty of EUR 3,500. Further claims for damages remain unaffected by this.

6.3
Participants consent to photographs or film recordings taken during the courses being used in audio-visual or print media, free of charge and without time or spatial limitations.

7. Data Protection

The Sole trader processes, transmits, processes and stores the personal data relating to the respective contracts, to the extent and for as long as this is necessary for the establishment, execution and completion of the conclusion of the contract and the Sole trader required by law to store this data.

Elementor #640

8. Final Provisions

8.1
With the exception of training and further education events as well as yoga retreats, the places of performance for all services are Munich and Bad Reichenhall.

8.2
The exclusive place of jurisdiction for all disputes arising from the business relationship shall be Munich. The mutual right to sue the contractual partner at their general place of jurisdiction shall remain unaffected.

8.3
The European Commission provides a platform for out-of-court online dispute resolution. To settle disputes, parties can refer them to the European Commission Online Dispute Resolution platform will be transmitted. The use of the site, which is managed by the European Commission, is free of charge. The platform is available to customers who have made an online purchase and are resident within the EU.

8.4
The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).