RETREAT BOOKING TERMS AND CONDITIONS
1. SCOPE
2. OPERATOR OF THE WEBSITE AND CONTRACTING PARTY
3. MINIMUM
4. OFFER, ACCEPTANCE, CONCLUSION OF CONTRACT
5. CONTRACT LANGUAGE AND STORAGE OF THE CONTRACT TEXT
6. PAYMENT OF THE COURSE FEE
7. RIGHTS AND OBLIGATIONS OF THE PARTICIPANT
8. RIGHTS AND OBLIGATIONS OF THE SHANTI SPACE
9. NO RIGHT OF WITHDRAWAL FOR RETREATS
10. CANCELLATION RESERVATION IN CASE OF FAILURE TO REACH THE MINIMUM NUMBER OF PARTICIPANTS, RIGHT OF WITHDRAWAL OF THE SHANTI SPACE
11. SHORT-TERM CANCELLATION BY THE SHANTI SPACE
12. CANCELLATION BY PARTICIPANT – CANCELLATION COSTS
13. REPLACEMENT PARTICIPANTS
14. WITHDRAWAL RIGHTS; TERMINATION DUE TO SPECIAL CIRCUMSTANCES
15. LIABILITY
16. DECLARATION OF CONSENT IN PICTURES AND VIDEOS
17. APPLICABLE LAW, JURISDICTION
1. SCOPE
1.1. THESE GENERAL TERMS AND CONDITIONS (GTC) APPLY TO THE ORGANISATION OF COURSES, WORKSHOPS, SEMINARS, RETREATS AND OTHER EVENTS (IN THE FOLLOWING: „RETREAT”) OF THE ORGANISER THE SHANTI SPACE LIMITED (IN THE FOLLOWING: „THE SHANTI SPACE“) REGARDLESS OF THE VENUE OF THE BOOKED RETREAT.
1.2. THE FOLLOWING CONDITIONS GOVERN THE BOOKING OF THE RETREAT.
1.3. THE SHANTI SPACE IS SOLELY RESPONSIBLE FOR ORGANISING AND CONDUCTING THE RETREAT. THE SHANTI SPACE IS NOT A TOUR OPERATOR OR A TRAVEL AGENT.
2. OPERATOR OF THE WEBSITE AND CONTRACTING PARTY
YOUR CONTRACTUAL PARTNER IS THE SHANTI SPACE LIMITED
E-MAIL: INFO@THESHANTISPACE.COM
3. MINIMUM AGE
3.1. THE MINIMUM AGE FOR BOOKING AND PARTICIPATION IN THE RETREATS IS 18 YEARS.
3.2. THE PARTICIPATION OF CHILDREN AND ADOLESCENTS MUST BE CLARIFIED IN ADVANCE WITH THE SHANTI SPACE AND, IN THE CASE OF THE CONSENT OF THE SHANTI SPACE, REQUIRES THE ACCOMPANIMENT OF A PARENT OR GUARDIAN.
4. OFFER, ACCEPTANCE, CONCLUSION OF CONTRACT
4.1. THE DESCRIPTION OF THE SHANTI SPACE ON THE INTERNET WEBSITE WWW.THESHANTISPACE.COM REPRESENTS A LEGALLY BINDING OFFER (OFFER).
4.2. THE PAID ORDER OF THE PARTICIPANT REPRESENTS THE ACCEPTANCE OF THE OFFER AND THUS THE CONTRACT OF SALE.
4.3. AFTER ACCEPTANCE OF THE OFFER OF THE SHANTI SPACE BY THE ORDER OF THE PARTICIPANT THIS RECEIVES A CONFIRMATION BY E-MAIL.
4.4. THE CONTENT OF THE PURCHASE CONTRACT IS BASED ON THE CONTENT OF THE ORDER CONFIRMATION AND THESE GENERAL TERMS OF USE.
5. CONTRACT LANGUAGE AND STORAGE OF THE CONTRACT TEXT
5.1. THE CONTRACTS CAN BE CONCLUDED IN ENGLISH.
5.2. THE PARTICIPANT CAN VIEW THE TERMS AND CONDITIONS OF THE SHANTI SPACE ON THE WEBSITE WWW.THESHANTISPACE.COM UNDER “TERMS AND CONDITIONS”. THE DOCUMENT CAN BE PRINTED AND VIEWED.
5.3. THIS CONTRACT TEXT IS AVAILABLE TO THE PARTICIPANT UPON REQUEST.
6. PAYMENT OF THE COURSE FEE
6.1. THE PARTICIPANT BOOKS THE RETREAT VIA THE SHANTI SPACE WEBSITE. THE PURCHASE PRICE IS DUE IMMEDIATELY WITH RECEPTION OF THE RESPONSE MAIL FROM THE SHANTI SPACE. THE PRICES INDICATED ON THE WEBSITE ARE FINAL PRICES AND INCLUDE THE CURRENTLY VALID VALUE ADDED TAX.
6.2. WE OFFER THE PAYMENT METHOD BY BANK TRANSFER.
7. RIGHTS AND OBLIGATIONS OF THE PARTICIPANT THE SHANTI SPACE
7.1. THE PARTICIPANT IS OBLIGED TO PROVIDE HIS PERSONAL DATA IN THE ORDER PROCESS TRUTHFULLY AND COMPLETELY. THE PARTICIPANT UNDERTAKES TO PROMPTLY NOTIFY CHANGES TO HIS DATA, SUCH AS THE E-MAIL ADDRESS, NAME, ADDRESS AND TELEPHONE NUMBER.
7.2. THE PARTICIPANT MUST MEET THE REQUIREMENTS FOR PARTICIPATING IN THE RETREAT AT HIS OWN RESPONSIBILITY AND EXPENSE. THIS APPLIES IN PARTICULAR TO THE BOOKING OF TRANSPORT.
7.3. THE PARTICIPANT IS ADVISED THAT THE SHANTI SPACE EXPLICITLY REFUSES TO BOOK THIRD-PARTY SERVICES (SUCH AS ARRIVAL AND DEPARTURE, TRAIN BOOKING, FLIGHT, MEALS, ALTERNATIVE PROGRAM) BEFORE EXPIRY OF THE WITHDRAWAL PERIOD OF THREE WEEKS BEFORE THE START OF THE COURSE DUE TO NON-ACHIEVEMENT OF THE MINIMUM NUMBER OF PARTICIPANTS , UNLESS THE PARTICIPANT WAS EXPLICITLY INFORMED ABOUT THE ACHIEVEMENT OF THE MINIMUM NUMBER OF PARTICIPANTS BY THE SHANTI SPACE BEFORE THIS DATE.
7.4. PARTICIPATION IN RETREAT REQUIRES NORMAL MENTAL AND PHYSICAL RESILIENCE. IF THE PARTICIPANT IS UNDERGOING MEDICAL OR PSYCHOTHERAPEUTIC TREATMENT, THEY ARE ENCOURAGED TO DISCUSS THEIR PARTICIPATION WITH THE DOCTOR OR THERAPIST.
7.5. THE PARTICIPANT IS REQUIRED TO INFORM THE SHANTI SPACE AS WELL AS THE COURSE-LEADING TEACHER ABOUT ANY PHYSICAL OR MENTAL DISABILITIES OR DISCOMFORTS PRIOR TO STARTING THE RETREAT.
7.6. THERE IS NO ENTITLEMENT OF THE PARTICIPANT TO CARRY OUT THE RETREAT BY CERTAIN TEACHERS. IN CASE OF SHORT-TERM UNFORESEEABLE LOSS OF THE ANNOUNCED TEACHER DUE TO ILLNESS OR PREVENTION, THE SHANTI SPACE MAY PROVIDE A REPLACEMENT TEACHER FOR THE BOOKED RETREAT. THE REPLACEMENT OF THE TEACHER DOES NOT ENTITLE THE PARTICIPANT TO WITHDRAW FROM THE CONTRACT OR TO TERMINATE THE CONTRACT.
8. RIGHTS AND OBLIGATIONS OF THE SHANTI SPACE
8.1. THE SCOPE OF THE SERVICES TO BE PROVIDED BY THE SHANTI SPACE EXTENDS EXCLUSIVELY TO THE PERFORMANCE OF THE RETREAT. THE SHANTI SPACE DOES NOT OWE ANY ADDITIONAL SERVICES. IN PARTICULAR, THE SHANTI SPACE DOES NOT PROVIDE OR ARRANGE ANY SERVICES IN CONNECTION WITH THE ARRIVAL AND DEPARTURE
8.2. THE SHANTI SPACE IS ENTITLED TO CHANGE THE TIMETABLE OR CONTENT OF A RETREAT OR TO OMIT INDIVIDUAL MODULES FROM IT, AS LONG AS THE GOAL AND OVERALL CHARACTER OF THE RETREAT ARE NOT CHANGED.
8.3. THE SHANTI SPACE IS ENTITLED TO SEND THE PARTICIPANT AN INFORMATION E-MAIL WITH THE SUMMARIZED INFORMATION ABOUT THE RETREAT A FEW WEEKS BEFORE THE BEGINNING OF THE RETREAT. THIS EMAIL WILL ALSO TELL YOU IF YOU NEED TO BRING MATERIALS.
8.3. THE SHANTI SPACE IS ENTITLED TO USE OTHER TEACHERS TO CONDUCT THE RETREAT IF THE ANNOUNCED TEACHER FAILS FOR REASONS BEYOND THE SHANTI SPACE’S CONTROL. THIS IS ESPECIALLY TRUE IN CASE OF ILLNESS OR PREVENTION OF THE ANNOUNCED TEACHER.
8.4. THE SHANTI SPACE UNDERTAKES TO INFORM THE PARTICIPANT AT LEAST THREE WEEKS BEFORE THE START OF THE COURSE ABOUT THE INABILITY TO CARRY OUT THE RETREAT AS A RESULT OF NOT HAVING REACHED THE MINIMUM NUMBER OF PARTICIPANTS. THE SHANTI SPACE UNDERTAKES TO REFUND THE COURSE FEE TO THE PARTICIPANT WITHOUT DELAY.
8.5. THE SHANTI SPACE EXPRESSLY POINTS OUT THAT PRIOR TO EXPIRY OF THE WITHDRAWAL PERIOD OF AT LEAST THREE WEEKS BEFORE THE START OF THE COURSE DUE TO FAILURE TO REACH THE MINIMUM NUMBER OF PARTICIPANTS, THE BOOKING OF FURTHER SERVICES, SUCH AS TRAVEL SERVICES OF THIRD PARTIES (SUCH AS ARRIVAL AND DEPARTURE, TRAIN TRAVEL, FLIGHT, FOOD, PROGRAM) IS NOT RECOMMENDED THE PARTICIPANT WAS ALREADY INFORMED BY THE SHANTI SPACE ABOUT REACHING THE MINIMUM NUMBER OF PARTICIPANTS BEFORE THIS DATE.
8.6. IF THE SHANTI SPACE’S RETREAT CAN NOT BE CARRIED OUT FOR REASONS OTHER THAN FAILURE TO MEET THE MINIMUM NUMBER OF PARTICIPANTS, THE SHANTI SPACE WILL INFORM THE PARTICIPANT IMMEDIATELY AND REFUND THE COMPENSATION IMMEDIATELY. FURTHER CLAIMS OF THE PARTICIPANT DO NOT EXIST. IN PARTICULAR, THE SHANTI SPACE IS NOT OBLIGED TO REIMBURSE THE PARTICIPANT FOR CANCELLATION OR REBOOKING COSTS FOR TRANSPORT ALREADY PROVIDED.
9. NO RIGHT OF WITHDRAWAL FOR RETREATS
THERE IS NO RIGHT OF WITHDRAWAL FOR CONSUMERS. BOOKING A RETREAT IS A RECREATIONAL ACTIVITY. THERE IS NO RIGHT OF REVOCATION FOR SUCH SERVICES.
10. CANCELLATION RESERVATION IN CASE OF FAILURE TO REACH THE MINIMUM NUMBER OF PARTICIPANTS, RIGHT OF WITHDRAWAL OF THE SHANTI SPACE
10.1. RETREATS OFFERED BY THE SHANTI SPACE WILL ONLY BE AVAILABLE UPON REACHING THE MINIMUM NUMBER OF PARTICIPANTS STATED IN THE OFFER CARRIED OUT TO THE SPECIFIED IN THE OFFER WITHDRAWAL PERIOD. THE MINIMUM NUMBER OF PARTICIPANTS AND THE TIME UNTIL WHICH THE DECLARATION OF WITHDRAWAL MUST BE RECEIVED CAN BE FOUND IN THE OFFER DESCRIPTION ON THE THE SHANTI SPACE WEBSITE AND IN THE ORDER CONFIRMATION EMAIL.
10.2. IF THIS SPECIFIED MINIMUM NUMBER OF PARTICIPANTS IS NOT REACHED, THEN THE SHANTI SPACE CAN WITHDRAW FROM THE CONTRACT NO LATER THAN THREE WEEKS BEFORE THE START OF THE RETREAT, IF
THE SHANTI SPACE HAS SPECIFIED IN THE RESPECTIVE OFFER DESCRIPTION THE MINIMUM NUMBER OF PARTICIPANTS AND HAS SPECIFIED THE DATE BY WHICH THE RESIGNATION MUST BE RECEIVED BY THE PARTICIPANT AT THE LATEST BEFORE THE CONTRACTUALLY AGREED BEGINNING OF THE RETREAT
AND THE SHANTI SPACE CLEARLY STATES THE MINIMUM NUMBER OF PARTICIPANTS AND THE LATEST WITHDRAWAL PERIOD IN THE ORDER CONFIRMATION EMAIL AND REFERS TO THE CORRESPONDING INFORMATION IN THE OFFER DESCRIPTION.
10.3. THE SHANTI SPACE WILL REIMBURSE THE COURSE FEE TO THE PARTICIPANT IMMEDIATELY.
10.4. FURTHER CLAIMS OF THE PARTICIPANT DO NOT EXIST. IN PARTICULAR, THE SHANTI SPACE IS NOT OBLIGED TO REIMBURSE THE PARTICIPANT FOR CANCELLATION OR REBOOKING COSTS FOR TRANSPORT AND SERVICES ALREADY PROVIDED.
11. SHORT-TERM CANCELLATION BY THE SHANTI SPACE
THE SHANTI SPACE RESERVES THE RIGHT TO POSTPONE OR CANCEL THE RETREAT FOR REASONS FOR WHICH THE SHANTI SPACE IS NOT RESPONSIBLE. THIS IS ESPECIALLY THE CASE IF, IN THE PREVENTION OF THE ANNOUNCED TEACHER, SUCH AS ILLNESS, NO OTHER TEACHER CAN TAKE OVER THE RETREAT OR FORCE MAJEURE JEOPARDIZES OR IMPAIRS THE PERFORMANCE OF THE RETREAT. THE PARTICIPANT THEN RECEIVES THE COURSE AMOUNT REFUNDED IMMEDIATELY. FURTHER CLAIMS OF THE PARTICIPANT DO NOT EXIST. IN PARTICULAR, THE SHANTI SPACE IS NOT OBLIGED TO REIMBURSE THE PARTICIPANT FOR CANCELLATION OR REBOOKING COSTS FOR TRANSPORT AND ACCOMODATION SERVICES ALREADY PROVIDED.
12. CANCELLATION BY PARTICIPANT – CANCELLATION COSTS
THE PARTICIPANT CAN CANCEL THE CONTRACT TO THE SHANTI SPACE AT ANY TIME PRIOR TO THE BEGINNING OF THE RETREAT. IF THE PARTICIPANT CANCELS THE CONTRACT, THE SHANTI SPACE CAN DEMAND FLAT-RATE COMPENSATION. THIS DOES NOT APPLY IF THE SHANTI SPACE IS RESPONSIBLE FOR THE CANCELLATION OF THE PARTICIPANT OR IF THERE IS A CASE OF FORCE MAJEURE. COMPENSATION WILL BE CALCULATED AS FOLLOWS AFTER THE PARTICIPANT’S CANCELLATION NOTICE HAS BEEN RECEIVED AS A PERCENTAGE OF THE COURSE FEE:
• UP TO 60 DAYS BEFORE THE COURSE STARTS: 50% OF THE PURCHASE PRICE
• 59 DAYS TO 0 DAYS BEFORE THE START OF THE COURSE: 100% OF THE PURCHASE PRICE
THE PARTICIPANT HAS THE RIGHT TO PROVE THAT NO OR MUCH LESS DAMAGE HAS OCCURRED THAN THE FLAT RATE DEMANDED BY THE SHANTI SPACE.
13. SUBSTITUTE PARTICIPANTS
THE PARTICIPANT MAY PLACE A SUBSTITUTE PARTICIPANT UNTIL THE START OF THE BOOKED RETREAT, WHO ENTERS INTO THE RIGHTS AND OBLIGATIONS OF THE CONTRACT. THE SHANTI SPACE MAY OBJECT TO THE CHANGE IN THE PERSON OF THE PARTICIPANT IF THE PARTICIPATION OF THE PERSON RESULTS IN ADDITIONAL COSTS OR IF THE PERSON DOES NOT MEET THE SPECIAL REQUIREMENTS REGARDING THE RETREAT OR IF NATIONAL / FOREIGN LEGAL REGULATIONS PRECLUDE PARTICIPATION. THE PARTICIPANT AND THE SUBSTITUTE PARTICIPANT ARE LIABLE TO THE SHANTI SPACE AS JOINT AND SEVERAL DEBTORS.
14. RIGHTS OF WITHDRAWAL; TERMINATION DUE TO SPECIAL CIRCUMSTANCES
14.1. THERE ARE STATUTORY RIGHTS OF WITHDRAWAL OF THE PARTIES.
14.2. THE SHORT-TERM REPLACEMENT OF THE ANNOUNCED TEACHER BY THE SHANTI SPACE DOES NOT ENTITLE THE PARTICIPANT TO RESIGN OR TO CANCEL.
14.3. IF THE EXECUTION OF THE RETREAT IS CONSIDERABLY IMPEDED, ENDANGERED OR IMPAIRED BY FORCE MAJEURE, WHICH WAS NOT FORESEEABLE AT THE TIME OF CONCLUSION OF THE CONTRACT, BOTH THE PARTICIPANT AND THE SHANTI SPACE CAN TERMINATE THE CONTRACT. THE MUTUAL RIGHTS AND OBLIGATIONS ARISE FROM THE STATUTORY PROVISIONS.
14.4. THE SHANTI SPACE CAN TERMINATE THE CONTRACT AT ANY TIME PRIOR TO BEGINNING OF THE RETREAT AND DURING THE EXECUTION OF THE RETREAT, IN COMPLIANCE WITH THE STATUTORY PROVISIONS (§ 314 BGB). AN IMPORTANT REASON MAY BE PRESENT, IN PARTICULAR, IF THE RETREAT PROCESS IS PERMANENTLY DISTURBED OR ENDANGERED BY THE PARTICIPANT AND CAN NOT BE REMEDIED EVEN AFTER A WARNING HAS BEEN GIVEN. THE TERMINATION BY THE SHANTI SPACE CAN ALSO BE EXPRESSED BY VICARIOUS AGENTS OF THE SHANTI SPACE, THESE ARE IN THIS RESPECT AUTHORISED BY THE SHANTI SPACE.
15. LIABILITY
15.1. THE SHANTI SPACE IS LIABLE FOR ANY DAMAGES CAUSED BY INJURY TO LIFE, LIMB OR HEALTH. FURTHERMORE, THE SHANTI SPACE IS LIABLE FOR OTHER DAMAGES THAT ARE BASED ON AN INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF DUTY BY THE SHANTI SPACE. A BREACH OF DUTY BY THE SHANTI SPACE IS EQUAL TO THAT OF A LEGAL REPRESENTATIVE OR VICARIOUS AGENT.
15.2. THE SHANTI SPACE IS LIABLE FOR SIMPLE NEGLIGENCE, EXCEPT IN THE CASE OF INJURY TO LIFE, LIMB OR HEALTH, ONLY IF MATERIAL CONTRACTUAL OBLIGATIONS (CARDINAL OBLIGATIONS) ARE VIOLATED. LIABILITY FOR BREACH OF A CONTRACTUAL OBLIGATION IN THIS CASE IS LIMITED TO THE CONTRACT-TYPICAL AND FORESEEABLE DAMAGE.
15.3. THE SHANTI SPACE IS NOT LIABLE FOR EXTERNAL SERVICES OF THIRD PARTIES, IN PARTICULAR FOR TRAVEL SERVICES OF THIRD PARTIES, OR FOR THIRD-PARTY SERVICES THAT HAVE MERELY BEEN ARRANGED.
16. DECLARATION OF CONSENT IN PICTURES AND VIDEOS
16.1. THE SHANTI SPACE RESERVES THE RIGHT TO TAKE PICTURES AND VIDEO RECORDINGS DURING THE RETREATS FOR THE USE AND PUBLICATION OF SUCH RECORDINGS ON ITS OWN WEBSITE AND IN ITS OWN SOCIAL MEDIA AS WELL AS FOR PASSING ON TO COOPERATION PARTNERS OF THE SHANTI SPACE (TEACHING STAFF, …) FOR USE AND PUBLICATION ON THEIR WEBSITES AND IN THEIR SOCIAL MEDIA FOR ADVERTISING AND DESCRIPTION PURPOSES.
16.2. THE PARTICIPANT HEREBY DECLARES HIS CONSENT IN PICTURE AND VIDEO RECORDINGS OF HIS PERSON ACCORDING TO SECTION 16.1. OF THESE TERMS OF USE.
16.3. THE PARTICIPANT MAY REVOKE HIS CONSENT ON SITE PRIOR TO MAKING THE IMAGE AND VIDEO RECORDINGS TO THE PERSON MAKING THE RECORDINGS.
17. APPLICABLE LAW, JURISDICTION
17.1. PORTUGUESE LAW APPLIES EXCLUSIVELY,
17.2. INSOFAR AS THE CUSTOMER IS A MERCHANT, A LEGAL ENTITY UNDER PUBLIC LAW, A SPECIAL FUND UNDER PUBLIC LAW WITH NO JURISDICTION IN PORTUGAL, MAFRA IS THE EXCLUSIVE PLACE OF JURISDICTION FOR ALL DISPUTES ARISING DIRECTLY OR INDIRECTLY FROM THE CONTRACTUAL RELATIONSHIP.