§1 GENERAL PROVISION AND SCOPE OF AGREEMENTS
These General Terms and Conditions (GTC), effective as of 01.09.2018, apply to all business transactions with retreat participants. The terms and conditions are accepted by the participant upon registration and are valid for the entire duration of the business agreement. They also apply to future transactions. Contrary Terms and Conditions shall only be binding if expressly recognized and agreed by both parties in writing.
§2 CONDITIONS OF PARTICIPATION
The participant expressly declares that from a medical point of view there are no objections to practising climbing, yoga, or any other sporting activities involved in a retreat. Any medical concerns should be communicated by the participant expressly before the start of the retreat.
The participant acknowledged that climbing, yoga, and travelling in general involve inherent risks. By participating in a retreat, the participant accepts and acknowledges that all retreat activities are always at the participant’s own risk.
Only adults (at least 18 years old by the retreat start date) are allowed to participate in a retreat. In exceptional cases, a special agreement can be made with a legal guardian of an underage participant to allow their participation in a retreat.
§3 REGISTRATION AND PAYMENT
Registration for a retreat is made in writing via the registration form sent to the participant by email. An immediate down payment of 20% of the offered retreat price specified on the registration form is required to secure a spot on a retreat. No spots will be reserved for any potential participant until the full down payment has been received.
The registration becomes binding for the participant upon receipt of the registration form and down payment. A binding registration will be confirmed with a booking confirmation. The remainder of the offered retreat price is due, at the latest, sixty days before the retreat starting date.
When using special deals such as the Super Early Bird and Early Bird bookings, the down payment is due immediately upon booking and the payment of the remainder of the offered retreat price is the due, at the latest, sixty days before the retreat starting date.
The main focus of a retreat shall be climbing and yoga. Other activities may also be offered if appropriate.
Participants are encouraged to bring their own person equipment (i.e. climbing shoes, climbing harness, yoga mat, etc.). If the participant is not able to bring their own equipment, they must communicate this upon registration so that other arrangements can be made. The right is retained to inspect personal equipment before use on a retreat due to safety concerns.
All safety equipment (e.g. ropes, etc.) will be provided.
Meals will be provided as specified in the booking confirmation. All meals will be vegetarian. Dietary restrictions must be clearly communicated in writing at least one week before the retreat starting date to be considered for meal planning. There are no guarantees that specific dietary needs can be met.
As the arrival and departure of the different groups of guests could be in one day, the necessary cleaning and preparation of the rooms for the new guests may mean that they are not immediately available. The cleaning of the rooms always takes place when guests change and at least once a week. Depending on the retreat location, participants may be required to share a room or a bed with other participants.
Arrival and departure
Arrival and departure are not part of the services included in the retreat and are, therefore, the responsibility of the participant to organize.
The language of retreat instruction can either be German or German
§5 CHANGES TO A RETREAT
Climb OM retreats are offered with limited availability within a specific timeframe. It is not possible to alter retreat dates once they are set.
The retreat activities and schedule can differ from advertised without prior notice due to objectively justified, significant, and unforeseeable reasons including but not limited to weather, injury, and more. Where possible, an alternative program will be offered In such cases the participant has no right to a refund of the offered retreat price or to a partial amount.
§6 POSTPONEMENTS, CANCELLATIONS, AND REFUNDS
It is not possible to postpone one’s participation is a retreat. Once a participant has registered for a specific retreat, they commit to attending that specific retreat.
Cancellations and refunds
Cancellation by the participant must be made in writing. If a participant cancels up to sixty days before the start date of a retreat, they can receive a refund of 90% of their total retreat fees. If a participant cancels up to thirty days before the start date of a retreat, they can receive a refund of 80% of their total retreat fees. If a participant cancels with less than 30 days’ notice before the start date of the retreat, no refunds will be possible. The amount retained constitutes a cancellation fee and is used to cover the reasonable expenses associated with the participant’s booking.
Before the start of the trip, the participant can provide a substitute person who meets the requirements set by Climb OM to take their place on the retreat. Climb OM is not involved in any financial transactions between the participant and their substitute person.
In the case that a participant is injured before, during, or after a retreat, the right is retained to claim the offered retreat price from the participant.
Travel cancellation insurance
It is recommended that the participant takes out travel cancellation insurance.
§7 TERMINATIONS BY CLIMB OM
Climb OM can withdraw from the contract before the start of the retreat or cancel the contract after the start of the retreat in the following cases:
Cancellation because the minimum number of participants for a retreat has not been reached
If the minimum number of participants is not reached, the right is retained to cancel the contract up to one week before the retreat starting sate. Payments already made by the participant will be refunded immediately.
Cancellation of the contract due to extraordinary circumstances
If the retreat cannot be justified due to force majeure (e.g. epidemics, bad weather, catastrophes, war) or unreasonable danger for the participant, the right is retained to immediately cancel the contract without any notice. Any payments made will be refunded, taking Climb OM’s costs into account.
Exclusion of travel
If during the retreat, despite a warning from the retreat leader, the participant persistently disturbs the course (e.g. does not follow the instructions of the instructors) or if they behave contrary to the contract to such an extent that the immediate cancellation of the contract is justified, the right is retained to cancel the contract without notice.
If a contract is terminated, the right is retained to collect the offered retreat price.
Climb OM is not liable for accidents, possible traffic obstructions, travel delays and the associated postponement of appointments, nor for any consequential costs that the participant may incur.
The participation in the climbing and yoga retreat, other offered activities, travel, or the use of other services is at the participant’s own risk.
The liability of Climb OM does not extend to dangers that are inevitably associated with climbing, yoga, or other activities and which are consciously accepted by the participant. It also does not extend to such damages that the participant suffers during climbing, yoga, or other activities through the fault of other participants or third parties.
Climb OM is not liable for performance disruptions in connection with services that are merely brokered as external services (e.g. flights, sporting events, excursions, exhibitions, accommodation). Climb OM is not liable for loss of or damage to participants’ property.
Climbing equipment, yoga equipment, and all other items that are the property of Climb OM (or its partners or suppliers) must be handled properly by the participants. In the event of grossly negligent damage, or partial or total loss, the participant is liable for the damages incurred.
Insurance is not included in the price. The participant is recommended to take out a suitable insurance policy which covers such things as sporting injuries, travel accident, luggage, international health insurance and private liability insurance.
§10 PASSPORT, VISA, AND HEALTH REGULATIONS
The traveller is responsible for the observance of all regulations important for the execution of the retreat. Participants are obliged to obtain information on passport, visa, and health regulations from the relevant consulate. If the participant does not comply with the entry regulations of individual countries, or if a visa is not issued in time due to the fault of the participant, so that the participant is therefore prevented from travelling, the corresponding cancellation fee can be charged.
§11 PHOTOS AND VIDEOS
The participant agrees that any photos or videos taken during a retreat can be used for advertising purposes.
The participant agrees to the electronic storage of their data. The data will be used by solely for the purposes of the contract and will only be passed on to third parties when required in order to run a retreat or if absolutely necessary, e.g. passing on participant information to accommodation providers or medical information to a medical professional in the event of an emergency.
§13 SEVERABILITY CLAUSE
Should individual provisions of this contract be or become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision will be replaced with an effective provision that comes as close as possible to the meaning and purpose of the invalid provision. If such a provision cannot be found, the invalidity of one or more contractual provisions shall not affect the validity of the contract as a whole, unless the ineffective provisions are of such material importance to the contract that it can reasonably be assumed that the contract cannot be upheld without the ineffective provision.
§14 APPLICABLE LAW AND JURISDICTION
The contractual relationship and other business relations between Climb OM and the participant are subject to German law to the exclusion of international sales law. To the extent permitted, all disputes shall remain within the exclusive jurisdiction of Elmshorn, Germany.