Terms and Conditions
The content of this webpage is correct according to § 5 TMG:
Bhakti Event GmbH
Am Geißberg 1-8
65321 Heidenrod Springen
Chief executives: Dipl. Ing. Peter Maier, Fabian Leuzinger HRB: 23765, Amtsgericht Wiesbaden, USt-Idnr. DE 25 111 0702
Telefon: +49 (0)6124 / 6059-000
Telefax: +49 (0)6124 / 72769-13
E-mail address: shop(at)bmspn.net
Responsible for the content according to § 55 Abs. 2 RStV:
Bhakti Event GmbH
Source: Site notice generator of e-recht24.de
Disclaimer of liability:
Liability for contents
The contents of our pages have been compiled with great care. Nevertheless we cannot safeguard the correctness, integrity and topicality of the contents. As the offerer of services we are responsible for our own content on these pages according to § 7 Abs.1 TMG of the general law.
As indicated in §§ 8 to 10 TMG we, as the offerer of services, are not obliged to observe transmitted or saved foreign information or to search for circumstances, which indicate an unlawful activity. Obligations for removal or blockage of usage of information according to the general laws remain untouched by this. However, liability concerning this matter is only possible from the point of notice of a concrete breach. We will remove these contents immediately at notice of respective breaches.
Liability for links
Our web pages contain links to external webpages of third parties, on who´s content we do not have any influence. For that reason we cannot resume guarantee for those foreign contents. It is always the respective provider or licensee of the pages who is responsible for the content of the linked pages.
The linked pages have been checked for possible breaches at the time of linking.
Illegal contents have not been noticed at the time of linking. A permanent controlling of content from the linked pages without concrete evidence of breach is not reasonable. When breaches become known we will remove such links immediately.
Contents and works of these pages which were created by the operator of the page are liable to German copyright laws. Duplication, editing, spreading and any kind of processing outside the boundaries of copyright law need written permission from the respective author or creator. Downloads and Copies of these pages are permitted for private use only, not for commercial use. As long as the contents of these pages have not been created by the operator the copyright of the third person will be respected. In particular contents of third parties will be marked as such. Should you notice a breach of copyright, we would ask for your notification. At notice of breach we will remove such contents immediately.
The use of our website is possible without declaration of personal data. In case that personal data is required on our webpages (e.g. name, address or e-mail address) it will happen as much as possible on voluntary basis. This data will not be passed on to third parties without your explicit approval.
We point out that the transmission of data in the internet can hold safety gaps (e.g. during e-mail communication). A complete protection of data from access by third parties is not possible.
The usage of contact data published within the frame of the duty of the site notice by third parties for the consignment of not explicitly required advertisement and information material is herewith explicitly disagreed. The operator of the page explicitly reserves the right to legal measures in the case of un-demanded transmission of advertisement material such as spam mails.
§ 1 Field of application
These general terms and conditions apply to all business relationships between Bhakti Event GmbH (vendor) and their customer in the respective version effective at the time of the formation of the contract. Exceptions for special types of contracts will be explained separately.
§ 2 Content of contract and formation of a contract
1) The content of this contract applies with respect to the services purchased/booked.
a) For events:
- There will be various courses and events (sessions) on offer which are partially subject to monetary charge. The respective specification of the services will accrue from the course content of the respective course booked. Consequently, there will possibly be a distinction between courses and events as far as this is indicated.
- The prices for courses and events are final prices and are inclusive of the legal sales tax. Costs for food and lodging are not included in the price. Overnight stays have to be booked additionally as and when required.
b) For overnight stays:
- Various accommodation options are available to our guests at Shree Peetha Nilaya, provided in single, double rooms and in dormitories. The prices listed usually include 3 meals per day inclusive of the requisite sales tax.
- Accommodation in the rooms is generally made according to gender. There is no entitlement for placement with specific persons, however, wishes for placement will be taken into account as much as possible at the time of booking.
- Rooms can be taken at the earliest 4pm on the day of arrival and have to be cleared by 9.30 a.m. on the day of departure. Departures after 10 p.m. are not possible due to safety reasons, as there is no access to the building between 10pm and 6:45 a.m. Deviating arrangements can be made only with the permission of the house management. Late arrivals have no entitlement for admittance.The host is however still entitled to receive payment in full.
- When unable to provide a booked accommodation, the host has to provide the guest with an equal accommodation or refund the paid price for the accommodation, in the event that it has already been paid prior to arrival.
c) For contracts of purchase in mail-order-selling:
- Sale of goods will be carried out only in quantities of a common household. The display of goods of the vendor on the Internet via accessible computers does not constitute an offer as defined by §§145 ff BGB. By sending an order via email to the vendor, the customer makes an offer according to §145 BGB. The customer receives a confirmation of the order via email. The contract with the vendor comes about as soon as the vendor accepts this offer. The acceptance occurs at the time of the reserve of availability of the ordered good or service. A declaration of acceptance by the vendor towards the customer is not necessary; the customer dispenses with this as defined by §151 S. 1 BGB. If the vendor cannot accept the offer of the customer, the customer will be informed about this via electronic means.
d) For pilgrimages:
a) in the service agreement of the requisite journey;
b) the offer;
c) and as when required the additional information provided;
c) and the confirmation of the journey.
- Notwithstanding the foregoing the vendor reserves the right to make reasonable changes in the course of the journey –even after the formation of the contract. The Vendor will use its reasonable efforts to notify the customer immediately, in the unlikely event that a change occurs.
- The customer is responsible for his/her own transportation in the event that air and travel tickets are not included in the offer.
At all material times the customer is responsible for his/her own visa arrangements, vaccinations, responsible for abiding to the relevant rules, regulations and as prescribed by custom; as well as responsible for all other relevant travel necessities pertaining to the exchange of foreign currencies and applicable insurances.
- The Vendor reserves the right and is entitled to increase the price agreed upon in the travel contract by up to 5% of the total price in the unlikely event that there are rises in the costs of transportation or of dues (harbor and/or airport safety fees or harbor and/or airport taxes) as well as with changes to the exchange rates, which may occur after the formation of the contract, in the event that this influences the travel expenses and could not have been predicted before the formation of the contract.
- Annihilation of contract due to exceptional circumstances:
In the event that the journey might be substantially complicated, endangered or unpredictably and forcefully altered after the point at which the contract was formed, potentially impeding the customer from making the journey, then the customer as well as the vendor can cancel the contract.
In the event that the contract is cancelled, the vendor can ask for an appropriate compensation for the work already performed or for work which had to be performed for the termination of the journey. In case the contract is cancelled due to exceptional circumstances, then the regulations as defined by §651 e Abs. 3 Sätze 1 and 2, Abs. 4 Satz 1 BGB will be applied.
Additional costs for transport back home will be paid by each party at 50% each. Any further additional costs will be borne by the customer.
(2) Offers made by the vendor are always without engagement and are non-binding. The booking-link on the internet platform does not constitute a binding offer as defined by §145 BGB. Bookings/orders are regarded as accepted only when a respective confirmation (e.g. via email) has been sent by the vendor, in which the booking is being confirmed. Telephone bookings are possible for overnight stays. Herein the oral confirmation of the booking is valid. If the booking/order of the customer cannot be accepted it will be communicated to the customer, usually via email. When a request for booking cannot be answered and alternatives are being offered then they are regarded as accepted only after confirmation by the vendor.
(3) Bringing pets into the buildings in Springen (Shree Peetha Nilaya) are not permitted. Smoking is not permitted in the whole of the building. Lost property will be kept for 2 months. They will be sent to the customer after reimbursement of any arising expenses.
(4) The customer as a guest agrees to accept the house rules and to accept the domiciliary rights of the vendor and its helpers.
§ 3 Payment
(1) The vendor holds the right to ask for a pre-payment or a full payment for all bookings/purchases before the service is provisioned. The vendor has an immediate right of withdrawal if the payments are not made by a pre-determined time period, which can be notified via email to the customer.
(2) There is a monetary claim with binding registration (confirmation email by the offeror respectively and/or confirmation via telephone at booking of overnight stay).
(3) In the event that the customer falls behind with the payment the vendor is entitled to ask for interest on account of delay of 5% of the base lending rate.
(4) a) For events:
The offeror can deny the customer the participation in the booked courses/ seminars until evidence of complete payment of a course fee by the customer.
b) For pilgrimages:
- Payments on the price of the journey can be made before the ending of the journey only against a hand over of a secured payment certificate as indicated in §651 k Abs. 3 BGB, which is attached to the confirmation.
A pre-payment of 20% of the travel expenses can be asked at the completion of the contract. The complete travel payment is due to be paid 20 days before beginning the journey. The travel documents will be sent to the customer after receipt of payment until, at the latest, one week before the travel begins. This does not apply when the journey is shorter than 24 hours, does not include an overnight stay and does not exceed a travel price of 75,- €.
- The full price has to be paid immediately after receipt of the confirmation and the secure payment certificate for bookings made less than 14 days before the start of the journey.
If the customer does not make a pre-payment and/or the remaining payment according to the agreed date of payment then the vendor is entitled to withdraw from the travel contract after admonition to a deadline and to charge the customer with a cancellation fee.
§ 4 Liability
a / b) in the case of events and overnight stays:
(1) The clients as guests are compelled to take care and be mindful about the rooms and equipment provided. The guest is fully liable for damage resulting from his own actions or caused by third parties or animals which were brought in by the guest in question.
(2) The host is liable for a lack of service, consequential damages or disorders attributed to intention or gross negligence by his own and/or his employees. The limitation of liability does not apply to injuries of life, body or health, as far as the host or one of his employees is responsible.
(3) Host’s liability is excluded in case of damage from parked vehicles before the building by acts through third parties with regards to loss or damage of things left in the vehicle.
(4) The client has to keep valuables safe at the reception or in a locker. The host is liable for a loss of valuables within a booked overnight stay up to €800.- maximum. The guest has to provide proof of their loss.
(5) At events and courses it is the responsibility of the guests, as far as participation goes, to ascertain their property accordingly.
c) Liability for defects in the sale contracts.
The host will accept liability for defects existing on the delivery of goods for a warranty period of two years, according to the following rules:
(1) The onus of proof lies with the seller in the first six months and then on with the customer.
(2) The customer will inform the host immediately by writing of any defects which might arise. If it happens to be a defect which the host has to be held responsible for, he will respond to the customer’s choice of a rework/fix or a substitute delivery.
(3) In the event that the removal of defects or the substitute delivery fails, the host is unwilling or unfit to, or it delays beyond adequate deadlines for reasons the host is responsible for, the customer is entitled to withdraw from the contract regardless of damage claims or to demand the abatement of the purchase price.
(4) The host is only liable for defects as far as a duty is transgressed, which is crucial to the fulfilment of the purpose of the contract (cardinal duty) and as far as the defects are typical and foreseeable because of conventional use.
(5) In such a case the responsibility is limited to a value amounting to double the purchase price paid according to the contract.
(6) Further responsibility is excluded, particularly for defects which have not come from the goods themselves, for lost profits or other financial losses.
d) Liability on pilgrimages
(1) The contractual liability of host against customer in case of damages (not concerning to the body) is limited to triple the travel price of each customer and voyage, if damage isn't either wilful or grossly negligent and therefore brought about by the host or his commissioned service providers.
(2) The liability of the host through his own wrongdoing for property damages of the customer is also limited to triple the travel price of each customer and voyage, if the damage is not caused on purpose or through gross negligence. Any exceeding demands in connection with the loss of a passenger's luggage according to the Montreal Convention remains unaffected by any limitation.
(3) The host takes no liability for physical or mental harm caused based on pre-existing illnesses and/or disregard of recommendations in the conditions of travel/offerings for which the customer has to bear his own responsibility.
(4) The host is not liable for substantial faults, personal and material damage which are merely interceded as an external service and designated as such in the performance description/travel confirmation (separate excursions, exhibitions, transport conditions from and to the advertised starting and destination point). In this case the host is only liable for the orderly intercession of these services.
(5) The breach of duty to notify, to inform and to organise by the host, which leads to damages to the customer, remain unaffected by this. However, also in this case the accountability is limited to triple the travel price of each customer and voyage.
§ 5 Individual pre-conditions to participation in courses
(1) The effectiveness of participation in courses often depends on the individual involvement by the customer/participant. The host does not give a "guarantee of success" to certain results which might be expected to happen. The participant accepts full responsibility for the result of the courses and seminars. For optimal results it is important for participants to follow the teacher's instructions as accurately as possible.
(2) By application the participant declares, that he/she is able to participate independently in the program. The online-application is binding to the participant, except to the right of revocation normalised under §6.
(3) The techniques and exercises which are imparted within the courses are powerful and effective when learned under the instruction of a trained teacher. These techniques and exercises are on offer to the participant for his individual development only under strict personal surveillance and instruction of Sri Swami Vishwananda or one of His trained teachers. The learned techniques and exercises are confidential and shall be used only for the participant's individual development. The participant is not entitled to share contents or parts thereof from courses and events without authorisation from Sri Swami Vishwananda or commissioned third parties representing Him. By confirmation of these GTCs the participant confirms that the learned techniques and exercises are private and confidential, and that they neither practised nor taught without explicit permission of the host outside of the courses, unless otherwise stated. The participants receive special exercises and techniques for personal use at home which she/he keeps in confidence and does not refer to anyone without written consent of the host or by Sri Swami Vishwananda, neither in writing nor verbal. In case of a breach of the aforementioned confidentiality commitment, the participant has to pay a penalty in the amount of €10.000.-
(4) By registration the participant agrees that he is of the appropriate age and in a suitable health condition to attend the course. He agrees to declare certain health-related data which may be needed for some courses. The host takes no liability for physical or mental harm based on pre-existing illnesses and/or disregard of recommendations of the teacher for which the customer has to bear his own responsibility.
§ 5 b - reserved –
§ 5 c Special arrangements for contracts of purchase via online-shop
(delivery / shipping costs / reservation of title)
(1) The host will ship the ordered goods immediately to the customer’s address provided in the order. The Bhakti Event Inc. is qualified for partial deliveries.
(2) Conditions of orders are the following:
- Initial order only against pre-payment.
- Orders over €100.- pre-payment: bank transfer to account as stated below.
- Orders from abroad only against pre-payment: bank transfer to the account as stated below.
- For foreign postage to Switzerland and unlisted countries, please enquire separately. (Only actual shipping costs will be calculated).
firstname.lastname@example.org 0049 6124 6059 000
Bank transfers from Germany and EU to the following account:
Bhakti Event GmbH
Account number: 200282891
Bank code: 500 502 01
IBAN: DE29 5005 0201 0200 2828 91
(3) Your order will be shipped immediately as soon as the amount due is received on our account.
(4) Shipping costs:
We deliver ordered articles under €100,- merchandise value at the price of €5.- up to a weight of 5 kilos within Germany. Should postage exceed this amount we will calculate a conforming larger sum of money. Should it be a letter we will calculate only €3.- (5-8 kilos = €7,20.-, 8-10 kilos = €8.-, 10-15 kilos = €11.-). At an order value starting from €100.- we will ship postage free within Germany. Shipping abroad we calculate the actual incurred costs. Shipping costs for Austria, Belgium, Netherlands, Luxembourg, Denmark: up to 5 kilos = €9,10.-, 5-10 kilos = €11,50.-, 15-20 kilos = €14.-
(5) As soon as the goods are delivered from the offeror to commissioned logistics partners, all risks and perils of shipment will devolve upon the customer.
(6) The offeror is not obliged to provide details about an estimated term of delivery if the offerer did not grant a binding promise to the customer as an individual case.
(7) The complete balance of existing demands against the orderer delivered goods remain offeror property as laid down in §449 GCC (German Civil Code).
§ 5 d Special arrangements for pilgrimages
(1) The host will inform the customer about the identity of the chosen airline companies according to the EU Regulation No. 2111/2005 either before or at the time of booking at the latest. If a chosen airline is not defined at the time of booking, the host will then name the probable airline which will perform the flight. As soon as the host is aware of which airline will perform the flight, the customer will get informed. If the nominated airline company changes, the host will inform the customer as fast as possible and with adequate means. The customer has the right to a free cancellation if the airline belongs to the unreliable companies classified and listed in common by the European Commission. This list can be examined under http://ec.europa.eu/transport/modes/air/safety/airban/index_de.htm
(2) If not otherwise specified, transportation shall be 2nd class for train journeys, economy class for flights, buses with toilet from and to Germany and double room accommodation with shower and toilet.
(3) Meetings with spiritual personalities can’t be guaranteed because the organiser has no straight ascendancy on this.
(4) If the customer does not make individual accomplishments due to an early voyage home or out of other urgent causes, he has no claim for a partial refund of the travel price. The host will try to recompense any spared expenditures at the service provider. This obligation is no longer required if it is a matter of fully irrelevant services or if it is opposed to any operation of law or regulation.
(5) Travel cancellation insurance
There is no travel cancellation insurance contained in the travel price. The customer is recommended for his own interest to effect a corresponding insurance.
(6) The customer is required to adhere to the following cooperation duties:
a) Reporting deficiencies
If the journey is not being carried out as stated in the contract, the customer can ask a correction. The customer is obliged to point out any travel defect immediately to the travel service provider, and locally (during the journey) to the responsible tour guide. The tour guide is commissioned to arrange corrective action, if it is possible. The tour guide however is not authorized to accept any customer´s claims. In the event that there is no tour guide locally present the eventual travel defects are to be made known to the travel service provider at its place of business. If the customer due to neglect fails to do this, a reduction of the travel price does not occur. Only if the complaint is obviously hopeless or unacceptable due to other reasons this will not apply.
b) Fixing a time limit before cancellation
If a customer wishes to cancel the travel contract due to a travel defect as designated in §615 c and e of German Civil Code or due to an important noticeable reason also seen by the host as a cause of unacceptability, he has to give reasonable time to allow corrective actions to be undertaken by the host. If corrective action is impossible or denied by the host or if the immediate quitting is justified by a special interest of the customer noticeable to the host, then this does not apply.
c) Damaged and delayed baggage
The host recommends that damages and delayed delivery of airline travels should be immediately announced to the responsible airline company by loss advice. Airline companies normally refuse recompenses when loss advice is not completed. The loss advice has to be announced within 7 days in case of baggage loss and within 21 days after delivery in case of delay. Apart from that it is to inform the courier or the local representation about loss, damage or miscarriage of baggage.
d) Travel documents
The customer has to inform the host when he does not receive the necessary travel documents (for example air ticket, hotel voucher) within the stated period.
§ 6 Right of revocation
a) for events
(1) Revocation right: the customer is able to cancel his contractual declaration within 14 days without giving reasons in text format (for example letter, fax, email). The period starts after receiving these Terms in text format, but not before completion of the contract and also not before performance of information obligation by the host according to article 246 §2 connected with §1 subparagraph 1 and 2 EGBGB together with the duties according to §312e subparagraph 1 first sentence German Civil Code connected with article 246 §3 EGBGB.
In order to maintain the cancellation period it will be enough to post the cancellation in time. The cancellation is to be addressed to:
Bhakti Event GmbH
Am Geisberg 1-8
per email: email@example.com
(2) The revocation right expires according to §312 d subparagraph 3 German Civil Code when the service is performed before the participant practised his cancellation right.
(3) Consequences of revocation:
In case of an effective revocation, received benefits on both sides have to be granted back and if necessary drawn uses (for example interests, cancellation charges and administration charges) have to be set against it.
Commitments for reimbursement of payment have to be fulfilled within 30 days. The extension starts for you by sending your statement of cancellation, and for us by receiving it.
(4) In case of short-termed bookings, where the extension of cancellation lasts beyond the date of event, the participant agrees particularly, that the service is performed at cost.
b) For overnight stays it is valid:
A legal power of cancellation for accommodation contracts does not apply.
c) For sale contracts in mail-order selling it is valid:
(1) Power of cancellation: The costumer can legally cancel his declaration of contract within 14 days in written form (for example by letter, fax, email) or by return without information of reasons, if he received the article before the deadline. The extension starts with receiving this Terms and Conditions in written form, but not before receipt of the article by the addressee (in case of repeated delivery of similar products not before the first partial delivery is received) and also not before performance of our duty of information in accordance with article 246 of §2 in connection with §1 paragraph 1 and 2 EGBGB as well as our duties according to §312g paragraph 1 sentence 1 BGB in connection with article 246 §3 EGBGB. In protecting the extension of cancellation it is enough to send the cancellation or article on time. The cancellation has to be sent to:
Bhakti Shop, Am Geisberg 1-8, 65321 Heidenrod, Germany
Fax: 06124 72769 13 or by email to: firstname.lastname@example.org
In the exercise of the right of revocation the following form may be used:
The customer bears the burden of proof for sending and receipt of returning products.
(2) In case of revocation the buyer bears the costs of return.
(3) Consequences of revocation
In case of an effective cancellation, received benefits on both sides have to be granted back and, if necessary, drawn uses (interests, for example) have to be given back. If you cannot give back or return the received performance as well as uses (for example advantage of use) or partly not, or just, in worse condition, you have to grant us compensation in this respect. For worsening of the product and for drawn use you have only to grant compensation as far as the using or the worsening is attributed to handling of the article, which exceed the check of qualities and functioning. By “checking of qualities and functioning” one understands the testing and trying out of the current article like is usual in a shop. While doing so the product has to be treated carefully. As soon as there are visible signs of use or wear, we are not obliged to take back the article. Parcel delivery capable articles have to be sent back on your risk. You have to bear the regular costs, if the delivered goods comply with the ordered goods. Duties of payment reimbursement have to be fulfilled within 30 days. The stipulated period begins for you by sending your explanation of the cancellation or by sending the article; for us it starts by receiving it.
- Conclusion of the revocation instructions –
(4) The right of revocation does not exist for distance contract.
(a) For the delivery of goods that have been manufactured according to customer specification or which have been clearly tailored to personal needs or which are not suitable for a return due to their constitution or which can deteriorate quickly or which date of expiry would be outrun.
(b) For the delivery of audio and video footage or of software, provided you have unsealed the delivered data medium. Incidentally §312 d Abs. 4 BGB is valid.
(5) In case of revocation the vendor has to pay back a purchasing price to the customer which has already been paid. Transfer fee will be detracted at payment abroad
(6) In case of substantial impairment or loss of the goods during revocation, the customer has to replace the diminution to the vendor. The vendor is entitled to detract the diminution from the amount to be paid back, provided the customer has already paid the purchasing price. In single cases the diminution can come up to the purchasing price.
d) For pilgrimages applies:
There is no right of revocation as indicated in §312 b Abs. 3 Nr. 6 BGB.
§ 7 Cancellation conditions/resignation by the customer
a) from events/ courses
(1) Cancellation of an event can be made only in written or via email. Cancellation and requests for reimbursement have to be sent to the following address: Bhakti Event GmbH, Am Geisberg 2, 65321 Heidenrod resp. via email to: email@example.com
(2) Provided that a prepayment for an event/course has been demanded and paid, it will not get reimbursed. A prepayment of up to 30% of the total price can be demanded. After a course has begun, reimbursements of the course fee is in general not possible.
b) For overnight stays
(1) Cancellation of a booked overnight stay can be made only in written form or via email. Cancellation and requests for reimbursement have to be sent to the following address: Bhakti Event GmbH, Am Geisberg 2, 65321 Heidenrod resp. via email to: firstname.lastname@example.org.
(2) A certain cancellation fee will arise for the cancellation of already booked overnight stays. This will be charged, in the event that the place cannot be given otherwise. The offeror will put forth an effort to place the booking otherwise.
A cancellation free of charge is possible until two weeks before arrival.
There will be a cancellation fee of 20% for the first day of the total price for cancellation up to three days before arrival (arrival day counts). For a cancellation on the day of arrival there will be a cancellation fee of 40 % of the total price.
(3) In case that a guest arrives later than 10pm on the day of arrival without informing about the delay by telephone or otherwise, it will be considered as a cancellation with the consequence of losing their right of the booking.
c) During pilgrimages
(1) In case of a substantial change of an important performance of a trip or a subsequent price increase of more than 5% the customer is entitled to resign from the travel contract after setting a deadline with threat of resignation. The right of withdrawal from the contract has to be claimed from the offeror immediately after the declaration of the tour operator about the changes/non-repair.
(2) The customer can step back from the journey at any time before the beginning of the journey. Relevant is the receipt of the letter of cancellation by the vendor. The cancellation has to be made in written with adjunct already handed over travel documents. Non debut of the journey without explicit written letter of resignation is not accepted as effective cancellation of the travel contract. In this case the customer is obliged to pay the full travel price. A customer’s wish for a change of booking will be treated as cancellation of the travel contract and simultaneously a new registration.
(3) If a customer steps back before the beginning of the journey, the offeror is entitled to ask for an appropriate compensation for those expenses and travel preparation done up to the cancellation depending on the respective travel price as long as the cancellation has not to be covered by the offeror or it is a case of force majeure.
In case of a cancellation by the customer, the claim for compensation of the offerer will be generally calculated in a percentile proportion under consideration of the point of time of the cancellation towards the beginning of the journey, as contracted as follows, depending on the receipt of the written letter of resignation of the customer by the offeror:
Until 50th day before start of journey 50 % of the travel price.
49th to 30th day before start of journey 60 % of the travel price.
29th to 15th day before start of journey 75 % of the travel price.
From 14th day before start of journey 100 % of the travel price.
In the general calculation of the compensatory payment, saved expenditures and possible other uses of the travel services are taken into account.
The customer remains free to prove to the offeror, that no disadvantage or a substantially minor loss has occurred than the demanded fixed rate.
(4) The offeror reserves the right to demand a higher, concrete compensation instead of the above mentioned fixed rate, as long as the offeror proves that substantially higher expenditures than the appropriate fixed rate have accrued. In this case the offeror is obliged to quantify and prove precisely the demanded compensation in due consideration of expenditures put aside and eventual other assignment of travel payments.
(5) The legal right of the customer, as indicated in §651 b BGB to provide a replacement participant, remains untouched by the above mentioned conditions. The original customer is responsible for additional costs due to change in booking. Additional to the incurred extra expenses, there is a service fee of €50,00 for the change in booking. The offeror has the right to disagree to the appointment of a replacement participant when the replacement participant does not meet the special prerequisites of the journey due to factual reasons or his participation conflicts with statutory provisions or official order. In case a third party enters the contract then he as well as the customer are liable towards the offeror as joint debtors for the travel price and the additional costs risen by the entry of the third party.
§ 8 Change of date by the organiser/Cancellation by the organiser/Special right of cancellation
a) For events
(1) The organiser reserves the right to cancel, also at short notice, dates of events and courses and to reschedule. Likewise a last minute change of event location and course instructor is possible. In these cases a claim for performance does not exist.
(2) In case of a rescheduling of the date of a course or event or any other changes concerning courses the participant will be informed immediately via the email address given at booking. In case there is an alternative date, it will be proposed to the participants. As long as there are still capacities you will be given priority at the reservation of courses. Should participants wish to receive reimbursement of the course fee, it will be paid within 30 days.
(3) There is no entitlement for refund of other costs and expenses (e.g. holidays, travel expenses).
(4) Participants can be refused entrance if there is a reasonable cause for the presumption that they will disturb the event or molest other visitors. Furthermore entrance can be refused if the participant has transgressed the terms and conditions. In such cases there is no entitlement for reimbursement.
b) For overnight stays
(1) If an overnight stay has been booked in connection to an event/course and the organiser cancels the event/course, a cancellation is possible without a cancellation fee. Possible made payments have to be reimbursed within 30 days.
(2) The participant has no entitlement for reimbursement of further costs and expenses (e.g. holidays, travel expenses)
(3) The vendor has an exceptional right for cancellation if a guest uses a rented room for another than the agreed purpose. The same applies in case that a guest does not abide to the house order or endangers the safety and the reputation of the house, respectively the guests. In case of force majeure the vendor can also cancel the contractual relationship without notice. In this case the vendor is entitled to the agreed compensation and in a case of termination.
c) –omitted -
d) For Pilgrimages
In the following cases the organiser can resign before the beginning of the journey or cancel the travel contract after the beginning of the journey:
(1) As long as a minimum number of participants has been set but not reached, the organiser can resign from the travel contract up to 14 days (2 weeks) before the beginning of the journey. In the event of non-reaching of the number of participants and the consequential cancellation/resignation from the travel contract, the customer will be immediately informed after advent of incident and will be reimbursed the paid travel price or prepayment at once. Interest yield is excluded. Further compensation claims on the side of the customer are excluded in this case.
(2) The organiser has the right to cancel a travel contract for a compelling reason considering §643 BGB without adherence to a time limit, if the customer upsets, substantially and ongoing, the process of the journey in spite of a warning from the person entrusted by the organiser or the one who is entrusted with the service provision or if the customer behaves in such a way contrary to contract that the continuation of the travel contract becomes unacceptable. A right of withdrawal and termination in exceptional form exists for the organiser also if the customer does not meet the special demands according to the description of the journey with regards to his physical capabilities, respectively due to health restrictions. The organiser, respectively a commissioned third party, are entitled to exceptional withdrawal after warning of the customer, which can also ensue orally on site.
(3) If the organiser cancels the travel contract on extraordinary terms for an important reason according to the afore-mentioned regulations, then the entitlement for the travel price is not lost hereby. However, the organiser has to charge those summed up expenditures and advantages to ones account, which are obtained with different usage of the not used services, including the credited amounts by the service provider.
§ 9 Photographic and Audio Recording
(1) The production of photos and audio recording of any kind during an event is generally prohibited. The organiser reserves the right to accept audio and photographic recordings of courses and events as well as pilgrimages.
(2) The participant gives with conclusion of contract his irrevocable and unreserved approval that audio, film and photo recordings will be made and if so, published. The participant agrees that the organiser utilises such material for display in print and online media for his own advertisement and presentation purposes.
§ 10 Data privacy protection
(1) The order transaction is being carried out by the organiser with the aid of automated data processing. Hereby the participant formally gives his approval to the processing of data which emerged within the frame of a contractual relationship and are necessary for the order processing.
(2) For the handling of data of participants please see our data privacy statement.
§ 11 Applicable law
Only German law applies for the conclusion of contracts and all entitlements resulting from this.
§ 12 Other regulations
(1) Side-agreements are not made for this contract. Changes or additions have to be made in writing for their legal effectiveness.
(2) The customer is –with exception his rights resulting of §651 b BGB –not entitled to transfer his entitlements from this contract. The customer is only entitled for compensation if his claims have been approved by the organiser or have been legally declared.
(3) in case that single terms become invalid, the validity of the other terms remain unaffected. A valid term will supersede the invalid one, which comes closest to the tenor of the invalid term as long as this is possible. The organiser reserves the right to change these terms at any time. An explicit note will not succeed. The conditions have to be autonomously periodically checked for changes.
§ 13 Agreement
The customer declares his approval to the general terms and conditions with his booking.