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Sparkling Yoga Terms of Service

 

      1. The contractual parties

These Terms of Service apply to all contractual relationships between Sparkling Yoga and its clients. 

      1. Services

Sparkling Yoga offers yoga retreats (Retreats) in selected venues all over the world. 

A Retreat consists of accommodation in a specific venue and a defined set of yoga classes/trainings and/or meditation classes/trainings to be held at such specific location. 

Sparkling Yoga is not offering and not responsible for any other travel services related to a Yoga Retreat such as transport, transfers etc.

Sparkling Yoga is entitled to replace venues or teachers/trainers for Retreats. Replaced venues need to fulfil the same standards as the originally envisaged venue and new teachers/trainers need to have similar qualifications as the originally envisaged teachers/trainers. Sparkling Yoga undertakes to immediately inform clients on respective changes. As for cancellations, para. 5 hereafter applies.

      1. Booking

To book a place in a Yoga Retreat, a client has to fill in a registration form (online or offline) and pay the requested non-refundable deposit. A place is only guaranteed upon Sparkling Yoga having received the non-refundable deposit and the completed registration form and once a booking confirmation has been sent to the client. 

      1. Payment Terms

The requested non-refundable deposit has to be paid at the time of the booking. 

Full payment of the Yoga Retreat is due 3 months before the retreat unless Sparkling Yoga instructs the client otherwise (in some cases a second instalment is payable directly to the retreat venue and respective payment deadlines may vary). 

In case payments are not received in time, a late payment fee of EUR 70.- has to be charged to the client.

      1. Cancellations

If a client cancels a booking 90 days or more before the Retreat, the deposit or full payment (in case it was already due) is transferrable to a new Sparkling Yoga Retreat. Such new Retreat of client’s choice must take place within 12 months from the day of cancellation. Precondition is that the new Retreat of client’s choice is still open for registration. Sparkling Yoga does not guarantee any free places in such new Retreats of client’s choice.

If a client cancels a booking 30-90 days before the Retreat, half of the full payment is forfeited and half of the full payment is transferrable to a new Sparkling Yoga Retreat. Para. 5 alinea 1 above applies. 

If a client cancels a booking 0-30 days before the Retreat, the full payment is forfeited, not transferable and not refundable. 

Any credits or refunds for no-shows, late arrivals or early departures are excluded without any exceptions.

In case a client is in default (nonpayment or partial payment), Sparkling Yoga is entitled to cancel the booking of such client. Any amounts received by Sparkling Yoga at the time of such cancellation are non-refundable and Sparkling Yoga is not liable for any additional costs associated with such cancellation (transport cancellations, etc.). 

If Sparkling Yoga must cancel a booked Retreat for any reason except force majeure circumstances, a client may request to have the full payment transferred to another retreat or apply for a full refund. Sparkling Yoga is not liable for any additional costs associated with such cancellation (transport cancellations, etc.). 

If Sparkling Yoga must cancel a booked Retreat under force majeure circumstances, a transfer of paid deposits and/or full payments to another retreat is not possible and any payments (deposits and/or full payments) are not refundable. Force majeure circumstances are circumstances beyond the control of Sparkling Yoga such as but not limited to wars, strikes, riots, crimes, groundings or insolvencies of airlines, insolvencies or other closures of venues or acts of God (storms, hurricanes, floods, earthquakes, volcanic eruptions etc.) due to which a venue cannot be reached in time (by clients and/or teachers/trainers) or a venue cannot be used and enjoyed (full or partial destruction of venue and/or surroundings) and/or the travelling to and/or staying at the venue would put clients and/or teachers/trainers at an unreasonable risk.

      1. Liability

The liability of Sparkling Yoga for any harm or damage to a client or its property caused by or resulting of any acts of Sparkling Yoga in connection with the booking of and/or the participation in a Retreat are excluded unless Sparkling Yoga demonstrably acted with gross negligence, willful misconduct or intent.

Sparkling Yoga is not liable for any harm or damage to a client or its property which may occur while the client is in transit to or from a Retreat. 

Clients hereby understand and agree that any physical activity, including yoga, bears a potential risk of accidents. Sparkling Yoga’s teachers/trainers are qualified and experienced teachers yet in spite of teacher’s/trainer’s integrity, a client could be insured whilst practicing yoga. The respective risk is increasing if a client forces poses or is not practicing yoga at his own level of ability. Clients therefore hereby agree to keep themselves healthy and injury free during yoga class by listening to their body and opting out of poses or choosing modifications of poses where their breath becomes halting and/or there is strain. 

      1. Travel Insurance

By booking a Retreat, a client agrees and undertakes to take out and purchase a travel insurance. Such travel insurance has to mandatorily insure the following risks:

  • Cancellations of a Retreat by the client due to health issues and/or travel unability of the client or a close family member of the client
  • Cancellation of the retreat by Sparkling Yoga under force majeure circumstances
  • Sickness or accidents of the client occurring during a Retreat

The travel insurance has to cover the full costs of the Retreat, transportation costs to and from the Retreat as well as medical expenses and emergency transports. Sparkling Yoga is entitled to request a client to provide evidence for the existence of a respective insurance policy. 

Optional but recommendable is the insurance of the following risks: flight delays, cancellation of the Retreat by client due to loss of employment or new employment, loss of luggage, collision damage excess waiver on hired vehicles, etc. 

Please note that most insurance companies require a respective insurance to be purchased within 14 days after making a booking.

      1. Data Protection 

Sparkling Yoga shall only process personal data from clients for the purpose and to the extent necessary for the performance and the execution of this Agreement. Client explicitly acknowledges and consents, that to that extent and for that purpose, personal data may also be transmitted to the corresponding Retreat centre or hotel hosting the Retreat or Training. Sparkling Yoga shall impose these obligations on their staff members, subcontractors, subsuppliers and other engaged third parties, in particular to the corresponding Retreats centres or partner hotels.

      1. Applicable law

Agreements between Sparkling Yoga and its clients are governed by Swiss substantive law. 

The courts at the domicile of Sparkling Yoga shall be competent to decide on any dispute, controversy, or claim arising out of, or in relation to, this Agreement.

      1. Updating our terms of service

We reserve the right to update and/or alter these terms and conditions at anytime, and it is your responsibility to be familiar with them prior to booking with us. 

The latest terms and conditions can always be found above and will supersede any previous versions.