Terms & Conditions
General Terms and Conditions for Booking Services from Nambin Yoga
1. Scope
1.1. These General Terms and Conditions ("GTC") apply to all contracts between Nambin Yoga and its customers (hereinafter: you or participants) regarding the use of services related to yoga workshops, classes, courses, and retreats (hereinafter, collectively referred to as "Yoga Offerings") on the website nambinyoga.com, unless otherwise agreed in specific cases.
1.2. By booking Yoga Offerings, you agree to these GTC.
1.3. Insofar as something different has been agreed individually for specific conditions, it takes precedence over the terms of these General Terms and Conditions.
2. Health Questionnaire for Yoga Classes, Interactive Workshops, Courses, Programs, and Retreats
We place great importance on your safety and well-being during our Yoga Offerings. For this reason, we ask all participants to truthfully complete a health questionnaire before the commencement of their Yoga Offerings. This questionnaire will be provided at the time of booking or on-site.
The health questionnaire contains essential information about your physical condition, health status, and any health concerns, enabling us to adapt our activities accordingly and consider potential health risks.
Your responses in the health questionnaire will be treated with strict confidentiality and solely used to ensure the safety and effectiveness of your participation in our Yoga Offerings. Please share all relevant information to ensure that we can accommodate your individual needs.
We appreciate your cooperation and understanding in advance. Your safety and well-being are our top priorities. If you have any questions about the health questionnaire or other concerns, we are happy to assist.
By agreeing to these GTC, you also confirm your agreement to truthfully complete and provide the health questionnaire to the best of your knowledge.
3. Booking of Retreats
3.1. Payment: To secure your booking, we require a deposit. The exact amount of the deposit will be specified during the booking process. This deposit is used by us to secure your place in the retreat and to cover any costs associated with your booking.
To confirm your spot at the yoga retreat, full payment of the fee must be made to the organizer within 14 days of receiving the invoice. Only upon receipt of the full amount is the trip considered booked and mutually confirmed.
Payments can be made via PayPal to liana@nambinyoga.com or by bank transfer to the following account:
N26
LIANA HOFFMANN
IBAN: DE02 1001 1001 2678 7472 19
BIC: NTSBDEB1XXX
3.2. Cancellation and Refund in the Event of Participant Cancellation:
Cancellation 60 days or more before the start of the retreat: 50% refund of the total amount.
Cancellation less than 59 days before the start of the retreat: No refund will be granted.
The last-minute replacement of the retreat host by a representative with comparable qualifications and experience, due to illness, unforeseen natural events, or global political developments on the part of the organizer, does not entitle participants to terminate the contract or withdraw.
3.3. Cancellation and Refund in the Event of Organizer Cancellation: A full refund of all payments made by the participant will be granted. The organizer is not responsible for additional costs incurred by the participant due to the cancellation. Refunds will be processed within 14 days after the cancellation.
3.4. Accommodation Booking: The costs for accommodation are specified in your individual contract and are unique to each retreat. Payment for accommodation is made directly to the respective hotel/provider, following their payment and business terms. Costs for travel to and from the event are the responsibility of the participants and will not be reimbursed by the organizer. Participation in the yoga retreat is only possible with simultaneous accommodation in the hotel specified in the offer unless otherwise stated in the offer description.
3.5. Travel Itinerary and Program: The organizer has the right to change the schedule or content of the retreat or omit certain components, as long as the overall goals and character of the retreat remain unchanged. The organizer is not responsible for schedule changes due to unforeseen circumstances, including but not limited to weather conditions, natural disasters, or local regulations. Participants have no claim that the yoga retreat is conducted by specific instructors. In the event of the unforeseeable, short-term absence of the announced instructor due to illness or other reasons, the organizer may provide a similarly qualified substitute instructor for the booked retreat. The replacement of the yoga instructor does not entitle the participant to withdraw or terminate the contract.
3.6. Health: Participants are responsible for their own health and well-being during the retreat. Participants should inform the organizer about any existing medical issues, injuries, or dietary restrictions before the retreat. Participation in the yoga retreat requires normal mental and physical resilience. If the participant is under medical or psychotherapeutic treatment, they are obligated to discuss their participation with their doctor or therapist. The participant is required to inform the organizer before the start of the retreat about any physical or mental limitations or complaints. See Disclaimer Clause No. 11.
3.7. Arrival and Departure: Participants are responsible for organizing their own arrival and departure to the event location. The organizer is not liable for travel delays, cancellations, or missed connections.
3.8. Code of Conduct: Participants are expected to behave respectfully and considerately toward other participants, the instructor, and the local community. The use of illegal substances or excessive alcohol consumption is prohibited during the retreat.
4. Booking of Yoga Offerings, Excluding Retreats
4.1. To book our yoga classes, you must register and create an account on https://www.momoyoga.com/. You are responsible for treating your account information confidentially and for all activities that occur under your account. The terms and conditions as well as the privacy policy of https://www.momoyoga.com/ apply. Nambin Yoga has no control over the execution of contracts and the handling of your data by https://www.momoyoga.com/.
4.2. All bookings for yoga classes are subject to the respective booking conditions of momoyoga.com, which are specified during the booking process or in a separate booking policy.
4.3. Booking of Yoga Workshops, Courses & Programs via Email Inquiry
4.3.1. Booking of yoga workshops, courses, and programs is exclusively done through an inquiry via email. If you are interested in making a booking, please send us an email at mail@nambinyoga.com. In this inquiry, please provide us with your name, contact information, and specific booking preferences.
4.3.2. We prioritize the protection of your data. All information you provide us in the context of your booking inquiry will be treated strictly confidentially and processed in accordance with our privacy policy. We use your data solely for the processing of your booking inquiry and communication related to your yoga activities. We do not disclose your data to third parties unless necessary for the fulfillment of your booking request or legally required.
4.3.3. We commit to implementing appropriate technical and organizational measures to protect your data, ensuring it is safeguarded against unauthorized access, loss, or misuse.
4.3.4. If you have any questions or concerns regarding your data or the booking of yoga workshops, courses, and programs, you can always contact us at mail@nambinyoga.com. Your privacy is important to us, and we strive to treat your personal data securely and confidentially.
5. Content of the Yoga Offering
The content of the booked yoga offering is outlined in the respective service description.
6. Payment and Cancellation Policies for Yoga Offerings, Excluding Retreats
6.1. Payment: Payment for yoga classes is made in advance using the payment methods accepted by Momoyoga.de. Payment details are provided during the booking process.
6.2. Participant Cancellation: Cancellation of yoga classes is possible up to 24 hours before the scheduled class start. With timely cancellation, the course fee will be fully refunded or credited as a balance for future classes.
6.3. No-Show: If a participant fails to appear for the booked class without prior cancellation, no refund of the course fee will be provided, and the class will be considered taken.
6.4. Provider Cancellation: The provider reserves the right to cancel or reschedule yoga classes for organizational reasons, force majeure, or other unforeseen circumstances. In such cases, the provider will make reasonable efforts to notify affected participants and offer alternative arrangements or refunds as appropriate.
6.4.1. In the event of class cancellation by the provider, the booking costs will be fully refunded.
6.4.2. In the case of workshop cancellations by the provider, an alternative date or compensation in the form of a voucher will be offered.
6.5. Payment and Cancellation Policies for Yoga Workshops, Courses, and Programs:
6.5.1. Payment for booked yoga workshops, courses, and programs is due in advance within 14 days of booking confirmation. Booking confirmation will be sent via email to the contact address provided by you.
6.5.2. Please note that participation in the booked courses and programs is only possible after full payment. We reserve the right to deny your participation if payment is not made within the specified period.
6.5.3. If you cancel up to 28 days before the course start, we will refund 75% of the paid amount. For cancellations between 27 and 15 days before the course, you will receive a 50% refund. Unfortunately, no refunds are possible within 14 days of the course. Your timely payment enables us to maintain the quality of our yoga offerings and ensure that participants have the best possible experience. If you have any questions about payment or transferring to another workshop, we are happy to assist.
7. Expiry of Booked Services, Excluding Retreats
7.1. The booked services for workshops and (transformation) courses automatically expire after 12 months from the date of booking confirmation if the services are not utilized by the buyer.
8. Changes and Cancellations by Nambin Yoga, Excluding Retreats
Nambin Yoga reserves the right to cancel, reschedule, or modify yoga offerings for significant reasons, particularly in the case of instructor illness and unforeseeable events preventing the provision of the service. In such cases, Nambin Yoga will make reasonable efforts to notify affected participants and offer alternative arrangements or refunds as appropriate.
9. Rights and Obligations of the Participant:
9.1. The participant is obligated to provide truthful and complete personal information. The participant agrees to promptly communicate any changes to their information.
9.2. The participant is responsible for meeting the necessary requirements for participating in the yoga offering at their own expense and responsibility. This includes, in particular, organizing transportation arrangements to and from retreats.
10. Rights and Obligations of the Organizer for All Events / Minimum Number of Participants for Retreats:
10.1. The scope of services to be provided by the organizer is limited exclusively to the implementation of the respective yoga offering. In particular, the organizer does not provide or arrange services related to arrival and departure.
10.2. The organizer undertakes to inform the participant no later than six weeks before the start of a retreat if the retreat cannot take place due to the failure to reach the minimum number of participants. In this case, the paid course fee will be promptly refunded. The minimum number of participants is six.
10.3. The organizer reserves the right to postpone or cancel the yoga offering for reasons beyond its control. This is especially the case if the announced yoga instructor becomes unavailable due to reasons such as illness with no available alternative instructor, or if force majeure jeopardizes or influences the execution. In such cases, the participant will promptly receive a refund of the course fee. The participant has no further claims against the organizer.
11. Revocation Information for Yoga Retreats:
A provider of yoga travels booked exclusively through its website and email is not required to send the revocation information to its customers in Germany, provided it is a service related to recreational activities. According to § 312g para. 2 No. 9 BGB (German Civil Code), there is no right of revocation for such services. This typically includes the booking of yoga retreats, as they are considered services in the realm of recreational activities and are often intended for a specific date or period.
12. Revocation Information by https://www.momoyoga.com/
Providers on the Momoyoga platform are not necessarily required to inform their customers who are consumers about the right of revocation if this is already done on the Momoyoga platform. According to the general terms and conditions of Momoyoga, consumers have a right of revocation, and the revocation information of the seller applies to the right of revocation. It is assumed that the platform provides the necessary legal information. However, providers should ensure that the information on Momoyoga is correct and sufficient and, if necessary, refer to it in their own terms and conditions or provide additional information.
Right of Revocation: As a consumer, you have the right to revoke your booking within fourteen days without providing any reasons. The revocation period is fourteen days from the day the contract is concluded. To exercise your right of revocation, you must inform us of your decision to revoke this contract by means of a clear statement (e.g., a letter sent by post or email). You can use the sample revocation form provided on Momoyoga, although it is not mandatory. To meet the revocation deadline, it is sufficient for you to send the notification of exercising the right of revocation before the revocation period has expired. Please note that, according to § 312g para. 2 No. 9 BGB, there is no right of revocation for services related to recreational activities, especially for the booking of yoga classes for a specific date or period.
13. Liability Waiver
13.1.Participation at Own Risk: Participation in our yoga offerings is at your own risk. We, our legal representatives, or agents assume no liability for injuries, accidents, or damages that may occur during participation in our events, except for liability for damages based on intent or gross negligence, or due to a culpable violation of a material contractual obligation (cardinal duty). Otherwise, liability on our part, our legal representatives, or agents, for damages - regardless of the legal grounds - is excluded.
13.2. In cases where, according to Clause 10.1, we are liable for the violation of a material contractual obligation without gross negligence or intent, liability is limited to the extent of damage that, based on the circumstances known to us at the time of contract conclusion, we typically had to anticipate.
13.3. The aforementioned limitations and exclusions of liability do not apply to the culpable violation of life, body, and health, liability claims under the Product Liability Act, as well as for a contractually agreed unconditional liability.
13.4. Health Condition: Each participant is responsible for ensuring that they are in sufficient health to participate in yoga classes and workshops. Individuals with certain health restrictions or pre-existing conditions should consult their doctor before participating.
13.5. Teacher's Responsibility: The teacher will make best efforts to provide safe and effective exercise instructions. However, it is the participant's responsibility to carefully follow the instructions and respect their own limits.
13.6. Insurance: We strongly recommend that all participants have adequate insurance to cover injuries, accidents, or damages that may occur during participation in our events.
13.7. Please do not bring any personal or valuable items to participate in our yoga offerings, as we do not take responsibility for their supervision or any other duty of care. If you deposit money, personal or valuable items on our (changing room) shelves, it does not establish any obligations on our part regarding these items.
13.8. Nambin Yoga assumes no liability for the accuracy, completeness, or suitability of the information provided on this website. The use of information and services on this website is at your own risk. Furthermore, NambinYoga disclaims any liability for the content of external links. The operators of these linked pages are solely responsible for their content.
13.9. Nambin Yoga and its representatives are not liable for direct or indirect damages or losses arising from your use of this website or the services offered herein.
13.10. The organizer is not liable for services provided by third parties, especially travel services, or claims of participants arising from their contractual relationship with the hotel.
14. Intellectual Property of Website Content & Photography and Advertising
14.1. The content of this website, including text, images, videos, and other materials, is protected by copyright and other intellectual property rights. You may not reproduce, distribute, or otherwise use content from this website without the express written permission of Nambin Yoga.
14.2. The organizer may capture photos or videos for promotional purposes during the yoga offering. Participants who do not wish to be photographed should inform the organizer in advance.
14.3. The organizer reserves the right to capture and publish photos and videos during the yoga retreat on its own website and on social media, as well as for use and publication on the websites and social media of partners (instructors, venue, etc.) for the purpose of advertising and describing the services offered.
15. Data Protection
The use of this website is also subject to our Privacy Policy, which can be accessed at https://nambinyoga.com/privacy-policy.
16. Contact Information
If you have any questions or concerns about these terms and conditions, please contact us at mail@nambinyoga.com.
Nambin Yoga reserves the right to change or terminate the website and these terms and conditions at any time without prior notice.
17. Applicable Law, Jurisdiction, Severability Clause
17.1. German law exclusively applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) for the sale of movable goods.
17.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law based in Germany without a local court being competent, Hamburg, Germany, is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
17.3.1. If general terms and conditions have not become part of the contract or are partially ineffective, the contract remains valid in all other respects.
17.3.2. To the extent that the provisions are not part of the contract or are ineffective, the content of the contract is governed by statutory provisions.
17.3.3. The contract is ineffective if adhering to it would constitute an unreasonable hardship for a contracting party, even taking into account the amendments provided for in paragraph 17.3.2.
Date: November 2023