General Terms & Conditions

General Terms and Conditions

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§ 1 Scope

 

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, company Haven Rest Retreat, authorized representative Co-Director Catherine Ndong, Calle Alfredo Corrochano 69 29010 Malaga, Spain, booking@havenrestretreat.com, 911 98 48 08, and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur, or merchant.

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(2) All agreements made between you and us in connection with the travel contract result in particular from these Terms and Conditions of Sale, our written order confirmation, and our declaration of acceptance.

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(3) The version of the GTC valid at the time of conclusion of the contract shall apply.

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(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

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§ 2 Conclusion of contract

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(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract. With a travel registration by the customer, a binding travel contract is offered. The registration can be made in writing, by telephone, by mail, or online via the online form. After written confirmation on the part of Haven Rest Retreat, the travel contract is bindingly concluded. Please note that in some cases leases, travels or retreats are offered by third parties and Haven Rest Retreat only acts as an agency or marketing platform. Please check the registration documents for the identity of your contractual partner.

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(2) Haven Rest Retreat trips are offered or booked via other online booking forms, which are provided by Wix Booking. The form must be truthfully filled out and signed by the customer before the start of the trip.

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(3) We will confirm the receipt of your order placed via our online store immediately by e-mail. Such an e-mail 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.

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(4) A contract is only concluded when we accept your booking by a declaration of acceptance. Participation in a retreat is only assured after payment of the full price within 10 days of booking. The transfer of a booking to third parties is not permitted.

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§ 3 Processes & Dates

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(1) The general procedures of the retreat tours, services, and accommodations can be found on the respective destination pages on havenrestretreat.com. We reserve the right to adapt and change them. We also reserve the right to adjust and change the procedures during the retreat journey to guarantee a smooth process.

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(2) There is a possibility to book a double room for single use for an extra charge. There is a possibility to book the room for two persons. When a single person books a shared room, we determine the further occupancy of the free beds.

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(3) Participants of the retreat tours are obliged to truthfully provide information about their health status (mental and physical illnesses). We also ask for truthful information about allergies and intolerances to adjust the services onsite accordingly. A questionnaire will be sent after booking and needs to be filled and sent back to us after booking. We also recommend you to take a Foreign travel and health insurance with your booking to cover any problem on that matter (e.g., trip cancellation, medical emergencies).

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(4) The customer is responsible for obtaining and carrying all necessary travel documents, including but not limited to a valid passport, visa (if required), and any necessary health certificates or vaccination records. Haven Rest Retreat is not responsible for any issues arising from the customer's failure to obtain or carry the required documentation.

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§ 4 No refund in case of non-participation

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Included Services, Trips, and Counselling Sessions, Classes during the Retreats: There are no refunds nor credit vouchers for non-attendance at yoga classes or other services.

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§ 5 Prices

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(1) All prices are gross prices (including taxes). The deposit is part of the gross price.

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Haven Rest Retreat reserves the right to adjust prices. Discounts and offers are valid only as long and for the purpose as stated on the offer. After a trip or service has been booked, discounts or offers can no longer be claimed.

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(2) All payments must be settled before the start of the service. Further details on the exact timing can be found below. Payment will be made as shown on the website.

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§ 6 Down Payment

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(1) When booking, a deposit of the tour price is due. The remaining travel price is due within 10 days after booking. Detailed information on payment can be found in the booking confirmation.​

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(2) If the due down payment or the due total price was not or not completely paid by the due date, Haven Rest Retreat, after reasonable attempts to contact the customer and allow for payment, may withdraw from the contract and retain the deposit. The unpaid spot will then be made available for booking by other customers.​

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§ 7 Cancellation

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Haven Rest Retreat is a Spanish Company and is submitted to Spanish Law.

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All purchases of Haven Rest Retreat services are final and non-refundable. This includes online purchases of trips abroad (such as retreats or leisure activities), in accordance with consumer laws. We strongly recommend the purchase of travel insurance to cover any unforeseen circumstances that may require you to cancel your trip.

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However, Haven Rest Retreat reserves the right to withdraw from the travel contract or cancel the travel contract after the start of the journey, and will offer a full refund in the following cases:

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a) If the implementation of the trip is disturbed by the traveler despite an appropriate warning by Haven Rest Retreat. The same applies if the contract partner behaves in an unreasonable manner contrary to the contract. Haven Rest Retreat retains the right to the tour price, and any additional costs for return transportation shall be borne by the disruptive party.

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b) If, 3 days before the start of the trip, the minimum number of participants is not reached (unless otherwise stated, the minimum number of participants is 10 persons for a retreat and 8 for a teacher training). In this case, the customer will be refunded the costs of the event, excluding any arranged flight services, which must be borne by the customer.

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c) In case of an incorrect booking, incorrect offer (room, price, program) or incorrect occupancy. The customer will be refunded the total cost of the registration.

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§ 8 Force majeure

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If the trip is significantly impeded, endangered or impaired as a result of force majeure unforeseeable at the time of conclusion of the contract, both the traveler and we may terminate the travel contract. The mutual rights and obligations arise from the statutory provisions. According to this, Haven Rest Retreat can demand an appropriate compensation for travel services rendered or still to be rendered. Haven Rest Retreat does not bear the costs for a return transport of the customer.

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§ 9 Terms of payment and set-off and right of retention

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(1) The purchase price must be paid within ten days of receipt of our invoice at the latest.

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(2) You can pay the purchase price and at your choice only with the payment options offered by us.

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(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You shall also not be entitled to set off against our claims if you have given notice of defects or counterclaims from the same purchase contract.

(4) As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

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§ 10 Indemnity

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You agree to fully indemnify without limitation to any trainer(s), director(s) or contractor(s) against any injury, malpractice, mishap, or accident during any and all interactions with the Company away from, or at the primary place of business for Haven Rest Retreat.

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You agree to indemnify and hold Haven Rest Retreat and its affiliates, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

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§ 11 Liability

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(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

 

(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.

 

(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

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(4) Any damage to the accommodation or the inventory is to be paid by the participants. The person who caused the damage is liable for the full amount. If no participant acknowledges the damage, the costs will be apportioned to all participants. We recommend the conclusion of a private liability insurance.

 

(5) If scheduled transportation is provided as part of or in addition to a trip and the traveler is issued a corresponding transportation pass for this purpose, we shall provide third-party services to this extent, provided that we expressly refer to this in the travel description and in the travel confirmation. We are therefore not liable for the provision of the transport service itself. Any liability in this case is governed by the transport regulations of these companies. In addition, we are not liable for service disruptions in the area of external services that are only mediated and are expressly identified as such in the travel description.

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(6) Haven Rest Retreat works exclusively with trained and qualified professionals to ensure the high quality of each trip and class. Nevertheless, any liability for injuries is excluded. The participant takes part in all activities at his own risk. Haven Rest Retreat cannot be held responsible for the accuracy of information provided by third parties or linked sites.

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§ 12 Copyrights

 

We have copyrights to all images, films and texts that are published in our online store. A use of the images, movies and texts, is not permitted without our express consent.

 

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§ 13 Applicable law and place of jurisdiction 

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(1) The law of the Kingdom of Spain shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

 

(2) If you are a merchant and have your registered office in Spain at the time of the order, the exclusive place of jurisdiction shall be the registered office of the Seller. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

 

Malaga, 10.03.2024

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