General Terms and Conditions of Business
Scope and definitions
The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all business relations between
60316 Frankfurt am Main, Germany
Telephone: + 49 (0) 69 - 76895136
Sales Tax ID : DE323513637
(hereinafter referred to as "Organizer") and our customers (hereinafter referred to as "Participants", collectively also referred to as "Parties").
These GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. Consumer is according to.
According to § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The general terms and conditions of the organizer apply exclusively. If the participant uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if the organizer has expressly agreed to them.
For entrepreneurs, the following shall apply in addition: Unless otherwise agreed between the parties, these General Terms and Conditions shall apply to the Client in the version valid at the time of the Client's commissioning or, in any case, in the version most recently communicated to the Client in text form as a framework agreement, also for similar future contracts, without the Contractor having to refer to them again in each individual case. Individually concluded framework agreements or other contracts with the Customer (including ancillary agreements, supplements and amendments) shall take precedence in any case and shall only be supplemented by these GTC. Framework agreements or other contracts shall be supplemented by these GTC, unless individual arrangements are made in the individual case.
Subject matter of the contract
These GTC apply to all contracts for the participation in a yoga teacher training (hereinafter referred to as "Event" or "Yoga Training") of the organizer, which
the participant concludes with the organizer with regard to the events presented on the website of the organizer and in the business premises of the organizer.
Services of the Organizer
The Organizer offers both face-to-face and online events. The content of the event can be found in the respective event description on the website of the organizer.
The face-to-face events shall take place in premises selected by the organizer. The organizer provides its services exclusively in personal contact with the participant. The organizer is not obligated to use a specific location for the execution of the desired event, unless otherwise stated in the organizer's event description on its website.
The online events offered by the organizer shall take place exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the participant requires in particular a suitable terminal device and access to the Internet as well as application software. The participant will find the system requirements for participation in an online video event in the respective event description on the website. The participant is responsible for ensuring that the technical system requirements are met. A liability of the organizer due to the non-existence of the technical system requirements or in the event of a defect of these at the participant is excluded.
The yoga training is a modular system consisting of 5 modules. Each module contains 100 time hours, which are completed within two to three years after registration. All modules can be booked individually or alternatively as a complete package. The individual modules build on each other. After 200 and 500 hours, a practical and theoretical examination takes place. The goal of the yoga training is the practical and theoretical teaching of yoga. After successful participation in the training and passing the final exam, the participant receives a yoga teacher certificate. The certificate shows the participant which module and which contents of the training have been successfully completed and the number of hours worked. The participant is obligated to study the contents of the yoga training on his own, in order to deepen his knowledge. The training times and breaks are specified at the training location by the respective yoga teachers and may vary. The final exam of a module can be repeated once free of charge. If the participant does not pass the repeat examination, the costs for each further examination will be 119,00 Euro including the legal sales tax. If the participant does not wish to take a final examination, he/she can receive a certificate of attendance for the participation in a module and the contents as well as the hours worked.
The organizer is not obliged to provide the services personally. He shall be entitled to engage third parties as subcontractors for the provision of the subject matter of the services. Furthermore, the organizer may use one or more vicarious agents to fulfill the contract. The Participant shall have no claim to the selection of a specific event leader for the selected event, unless otherwise stated in the event description on the website of the Organizer.
The organizer provides his contractual services with the utmost care and diligence. However, the organizer does not owe a certain success. The organizer is free to set appropriate priorities within the framework of the training. In particular, the organizer does not guarantee that the participant will achieve a certain
or that the participant will achieve a certain performance target. This depends not least on the personal commitment and will of the participant, on which the organizer has no influence.
Conclusion of contract online
The presentation and advertising of the described events on the website of the organizer do not constitute a binding offer on the part of the organizer to conclude a contract, but an invitation to the participant to book the events described on the website or in the business premises of the organizer.
The Participant may submit an offer by filling out the online registration form integrated on the website of the Organizer. The data required to be entered by the Participant for the offer result from the input mask of the online registration form. After entering the data in the online registration form and by clicking on the button "Order with obligation to pay" which concludes the booking process, the participant submits a legally binding contractual offer with regard to the selected event. The participant can correct his entries at any time before sending his legally binding booking using the usual keyboard and mouse functions.
Immediately after the booking, the organizer sends the participant an automatic confirmation e-mail in which the participant's booking is listed again and which the participant can print out using the "Print" function. The automatic confirmation e-mail merely documents that the participant's booking has been received by the organizer. Such a confirmation does not constitute a binding acceptance of the booking, unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
A contract between the contracting parties is concluded when the organizer makes an amended offer to the participant after the participant's booking, enclosing these general terms and conditions, and the participant accepts this offer by express declaration in text or written form, or the participant declares acceptance implicitly in the form of payment or partial payment on the invoice sent to him by the organizer. The Organizer shall be bound by its offer for a period of ten (10) days from receipt by the Participant. If the organizer does not receive the express declaration of acceptance or payment from the participant within ten days of receipt of the offer by the participant, a contract shall not be concluded.
The organizer stores the contractual provisions including the GTC upon conclusion of the contract in compliance with data protection.
The participant can view the text of the contract in his user account in the system of the organizer, provided that the participant has set up a user account before sending the booking. The booking data is stored in the system of the organizer and can be viewed and retrieved by the participant using his access data in the password-protected user account.
The participant must ensure that the e-mail address provided by him for booking processing is correct, so that e-mails sent by the organizer can be received at this address. In particular, when using SPAM filters, the participant must ensure that all e-mails sent by the organizer or third parties commissioned by the organizer to process the booking can be delivered.
can be delivered. Furthermore, the parties may conclude a contract with regard to the services of the Organizer offered in the business premises with the simultaneous presence of both parties to the contract. These General Terms and Conditions of the Organizer shall be handed over to the Participant upon conclusion of the contract. The Participant shall confirm the handing over of the General Terms and Conditions by signature. The acceptance of the contract shall be made by a separate written contract. By signing the written contract, the participant bindingly declares that he/she wishes to participate in the yoga training.
The booking of the yoga training by the participant is considered a binding offer of contract. Unless otherwise stated in the booking, the organizer is entitled to accept this contractual offer within ten (10) working days after its receipt by us.
The participant will also receive studio rules upon conclusion of the contract. By signing the studio rules, the participant declares that he/she has become aware of the existing studio rules and accepts them.
The contract is concluded exclusively in German.
If the participant expressly declares to the organizer that he/she wishes to register further participants for an event, the participant undertakes to be liable to the organizer for all claims arising in this connection.
Insofar as the parties agree on special conditions, these shall in principle not apply to simultaneously running and future contractual relationships with the participant.
Right of withdrawal
As a consumer, the participant is entitled to a fourteen-day right of revocation in accordance with the statutory provisions.
The right of revocation does not exist if the organizer has provided the service in full, the organizer has only begun with the execution after the participant has given his express consent to this and the participant has at the same time confirmed that he is aware that he loses his right of revocation upon complete fulfillment of the contract by the organizer. The declaration of consent to be provided reads as follows: "I agree and expressly request that the organizer begins with the execution of the commissioned service before the end of the cancellation period. Furthermore, I am aware that I already lose my right of withdrawal upon complete fulfillment of the contract by the organizer."
In addition, the right of withdrawal does not exist according to § 312 g para. 2 p. 1 no. 9 BGB for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision.
In all other respects the regulations apply to the right of withdrawal, which are reproduced in detail in the following:
Consumers have a fourteen-day right of withdrawal. Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Emanuel Wintermeyer, Turiya Yoga, Herbartstrasse 12, 60316 Frankfurt am Main, Phone: + 49 (0) 69 - 76895136, E- Mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by mail, or e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than 8 weeks from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Exclusion or premature expiry of the right of revocation
The right of withdrawal does not apply to contracts for the provision of services in the areas of accommodation for purposes other than residential, transportation of goods, motor vehicle rental, delivery of food and beverages, as well as for the provision of other services related to leisure activities, if the contract provides for a specific date or period for the provision.
The right of withdrawal expires prematurely if we have provided the service in full and have only started to provide the service after you have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of withdrawal when the contract has been fulfilled in full by us.
- End of the cancellation policy -
Sample cancellation form
If you wish to revoke the contract, please fill out and return this form.
60316 Frankfurt am Main
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete as applicable.
Fees and terms of payment
Unless otherwise stated in the offer of the organizer, the prices quoted are total prices.
If the participant is a consumer, the prices of the organizer are in EURO and are gross prices including the legal sales tax valid on the day of invoicing.
If the participant is an entrepreneur, the prices of the organizer are in EURO and are net prices plus the legal sales tax valid on the day of invoicing.
The participation fee can be paid either once or in installments.
The participant has various payment options available to him, which are specified in the participant contract of the organizer:
In the case of a one-time payment of the participation fee, the participant may pay it in advance by bank transfer. The participation fee must be paid to the organizer no later than fifteen (15) days prior to the start of the yoga training, unless the parties have agreed on a later due date. The receipt of the participation fee on the business account of the organizer is decisive for the timeliness of the payment.
If payment by installments has been agreed between the parties, the monthly installment is always due on the 1st or 15th of a calendar month, unless otherwise agreed between the parties. If the participant is in arrears with more than one installment, the total amount is due in full.
If the payment method invoice is selected, the participation fee shall be due for payment without deduction within seven (7) days of receipt of the invoice, unless otherwise agreed between the parties.
If the payment method SEPA direct debit is selected, the fee shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The direct debit will not be collected before the deadline for the advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the organizer to the participant announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the participant objects to the direct debit even though he/she is not entitled to do so, the participant shall bear the fees incurred by the respective credit institution as a result of the chargeback if he/she is responsible for this. The organizer reserves the right to carry out a credit check when selecting the payment method SEPA direct debit and to reject this payment method if the credit check is negative.
For consumers, the statutory provisions on default of payment apply. The organizer may charge € 3.00 (in words: three euros) for each reminder after default.
For participants who are entrepreneurs, the following shall apply: Upon expiration of the aforementioned payment deadline, the participant shall be in default. During the period of default, interest shall be charged on the outstanding payment at the applicable statutory default interest rate. The organizer reserves the right to claim further damages caused by default. With respect to merchants, the organizer's claim to the commercial due date interest rate (§ 353 HGB) shall remain unaffected.
The participant shall only be entitled to offsetting rights if his counterclaims have been legally established or are undisputed and mutually linked with those of the organizer or have been recognized by the latter.
If the participant is an entrepreneur, a right of retention of the participant is excluded, unless the counterclaim of the participant originates from the same contractual relationship and is undisputed or legally established. To assert the right, written notification to the organizer is required.
Right to participate and transfer of contract
Only the person named in the registration confirmation is entitled to participate in the booked event. A transfer of the contract to a third party is not possible, unless otherwise agreed.
Missing modules and discontinuation of the course
If the course participant has missed individual course units of the training due to illness or injury, he/she can make up for these within 12 months, provided that there is a free place in the corresponding course unit. The course participant must request a corresponding rebooking in writing. The organizer will charge an administration fee of 75.00 Euro including the statutory value added tax. If no free place is available for the course participant in the course unit to be repeated, the course participant shall incur costs in the gross amount of 90.00 euros including the statutory value-added tax for each day of training to be repeated.
In the event that the course participant does not start the training on time, misses individual training days or cancels the training altogether, the course participant shall have no claim against the organizer for a refund.
the course participant has no claim against the organizer for reimbursement of the proportionate remaining costs. The organizer must, however, take into account the value of the saved expenses as well as those advantages that the organizer gains from another use of the service that was not used.
In the case of illness or health problems of any kind, the training may not be started by the participant for insurance reasons. Insofar as the course participant suffers injuries and/or health complaints of any kind during his/her training, he/she has the opportunity to compensate for the course units missed due to illness by attending theoretical lessons and doing additional written work. However, this only applies to a maximum of three days of a module.
Withdrawal of the organizer due to failure to reach the minimum number of participants
The organizer is entitled to withdraw from the contract if the minimum number of participants of five (5) is not reached.
The organizer must declare the withdrawal to the participant in writing or text form (letter or e-mail) no later than fifteen (15) days before the start of the event. If it is already apparent at an earlier point in time that the minimum number of participants cannot be reached, the organizer will immediately exercise its right of withdrawal.
The participant will receive the paid participation fee back after six to eight weeks (6 to 8 weeks), if he does not make use of his right to book an at least equivalent event from the offer of the organizer. The participant must assert his claim for an equivalent other event immediately after receipt of the organizer's notice of withdrawal.
Change or cancellation of the event
Changes or deviations of the event, regarding time, place, event leader and/or content or type (e.g. change of the offer from face-to-face to online event), which deviate from the contractually agreed content of the contract, which become necessary after the conclusion of the contract and which were not brought about by the organizer contrary to good faith, are only permitted insofar as the changes or deviations are not substantial.
The organizer must declare a change or deviation of an event according to paragraph 1 to the participant immediately after becoming aware of it.
In the event of a significant change in services, the participant is entitled to withdraw from the contract free of charge or to demand participation in another event of at least equal value from the organizer's program, if the organizer is in a position to offer such an event. The participant shall assert the aforementioned rights against the organizer immediately after the participant's declaration of the change in the event.
Withdrawal of the organizer
The organizer is entitled to withdraw from the contract for important reasons. Important reasons shall be deemed to exist in particular if
the event has to be cancelled due to circumstances for which the organizer is not responsible;
force majeure or illness of the event leader (yoga instructor).
In the aforementioned cases, the organizer will fully refund any participation fees already paid. In case of cancellation of the event, the organizer will try to find an alternative date. The participant is not entitled to any claims for damages.
Termination for reasons of conduct
The organizer may terminate the contract without notice if the participant, notwithstanding a warning by the organizer, persistently disrupts the event or behaves in a manner contrary to the contract to such an extent that the immediate termination of the contract is justified. This includes, in particular, violations of the General Terms and Conditions of the organizer as well as violations of the studio rules applicable in the yoga school. In this case of cancellation, the organizer retains the right to the training costs. However, the organizer must take into account the value of the saved expenses as well as those advantages that the organizer gains from another use of the service that was not used.
Rights of use
The organizer retains all rights of use under copyright law with regard to the event and teaching materials provided to the participant for the implementation of the event.
All rights, in particular the passing on, distribution, duplication or making available to the public of the event and teaching materials or the recording of the events or parts of the event in audio or video require the consent of the organizer.
Event and teaching materials may only be used by the participant for private purposes.
With regard to the services provided by the organizer, the organizer, its legal representatives and its vicarious agents shall only be liable in the event of intent or gross negligence.
The organizer is not liable for accidents caused by the participant.
In the event of a breach of material contractual obligations, liability shall also exist in the case of simple negligence, but shall be limited to the foreseeable damage typical for the contract.
Material contractual obligations are those obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the participant may regularly rely (so-called cardinal obligations). Claims for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations.
In all other respects, liability on the part of the organizer is excluded.
The organizer is released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after the conclusion of the contract.
Circumstances of force majeure include, for example, war, strikes, riots, expropriations, acts of God, pandemics, cardinal changes in the law, storms, floods and other natural disasters, as well as other circumstances for which the organizer is not responsible, in particular water ingress, power outages and interruptions or destruction of data-carrying lines.
The organizer will immediately inform the participant about the occurrence of a case of force majeure in an appropriate form.
Insofar as a change in the time (= the time period of the booked participant modules) according to para.
10.1. of these General Terms and Conditions should be significant due to a reason mentioned in section 15.2. of these General Terms and Conditions, the organizer has the right to give the participant an alternative date for the respective modules. In this case, the organizer is obliged to provide the participant with at least two (2) replacement dates, which must be within a period of six (6) months or shorter after the originally agreed period. The Organizer shall not lose its claim for payment and reimbursement of expenses in the cases under clause 15.4. of these General Terms and Conditions if it provides the Participant with at least two (2) alternative dates in accordance with this provision. The Organizer's payment claims shall also not expire if the Organizer proposes the required substitute dates to the Participant pursuant to Section 15.4. of these General Terms and Conditions, but the Participant does not attend or confirm any of these dates. Should the modules also not be able to take place on the replacement dates due to force majeure, the compensation claims of the organizer against the participant shall expire. Section 15.1. of these General Terms and Conditions shall remain unaffected.
Confidentiality and data protection
The organizer undertakes to maintain secrecy about all company and business secrets of the participant for the duration of an event and also after its conclusion.
The organizer collects, processes and stores the participant's data necessary for the business transaction. When processing the participant's personal data, the organizer shall observe the statutory provisions. The organizer is entitled to transfer this data to third parties commissioned with the execution of the order, insofar as this is necessary for the fulfillment of the contract. Further details can be found in the data protection declaration of the organizer, which can be called up in the online offer.
The organizer undertakes not to process personal data without authorization. Personal data may therefore only be processed if consent has been given or if a statutory regulation permits or prescribes the processing.
If and insofar as the organizer processes personal data of the participant on behalf of the participant in the context of the provision of services, the parties shall conclude a customary agreement on the processing of data on behalf pursuant to Art. 28 DS-GVO prior to the start of the processing.
Upon request, the participant will receive information about the personal data stored about him/her at any time.
In all other respects, the statutory data protection provisions shall apply, in particular the German Data Protection Regulation (DS-GVO), the new version of the German Federal Data Protection Act (BDSG-neu) and the German Telemedia Act (TMG).
The organizer holds the copyrights to all images, films and texts published on its website. Use of the images, films and texts is not permitted without the express consent of the organizer.
Alternative dispute resolution
For participants who are consumers, the following regulations apply. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board/universal arbitration board.
These GTC and the contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the participant is a consumer and has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the organizer's place of business in Frankfurt am Main.
If the participant is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction - including international jurisdiction - for all disputes arising directly or indirectly from the contractual relationship shall be the organizer's place of business in Frankfurt am Main. In all cases, the organizer is also entitled to bring an action at the place of performance of the service obligation in accordance with these GTC or a prior individual agreement or at the general place of jurisdiction of the participant. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.