TERMS AND CONDITIONS OF SERVICE FOR DONNA WILLIAMS WELL-BEING AND EMERGENCYOGA PRODUCTS
The contractual parties
These Terms and Conditions of Service apply to all contractual relationships between Donna Williams Wellbeing, operating as Emergencyoga, referred to throughout this document as Emergencyoga and its clients.
Services
Emergencyoga offers face to face and online, retreats, classes, programs, courses and workshops (hereafter called Products) in selected venues globally and online. A Product may consist of accommodation in a specific venue and a defined set of yoga and / or meditation and / or pranayama, and / or coaching, and / or mentorship classes held at a specific location as defined in the Product description.
Emergencyoga is not offering and not responsible for any travel services related to a Product such as transport, transfers etc unless stated specifically in the Product description and listed on the Emergencyoga website.
Emergencyoga is entitled to replace venues or teachers for Products. Emergencyoga will endeavour to ensure to the best of its ability that replacement of Product venues fulfills similar standards as the originally envisaged venue and that replacement teachers have at least similar qualifications as the originally envisaged teachers. Emergencyoga undertakes to immediately inform clients of any respective changes.
Booking
To book a place to receive a Product, a client has to confirm in writing, (by email or via the booking system) their willingness to participate in the Product, pay the requested non-refundable deposit and sign the waiver form. A place is only guaranteed upon Emergencyoga having received the non-refundable deposit or full payment, the confirmation message and the signed waiver form. Once these are received Emergencyoga will confirm in writing the client’s place on the Product. When the client sends the confirmation, makes the deposit or full payment and signs the waiver for the Product they are willingly and in full knowledge signing up to the terms and conditions of the Product set out in this document.
Payment Terms
For multi-day Products, the requested non-refundable deposit must be paid at the time of the booking. Payment must be received in full at least 60 days prior to the date of the Product commencement unless Emergencyoga advises the client otherwise in writing. If the Product commencement date is less than 60 days, full payment is required to secure the booking. Failure to pay within this timeframe may result in the deposit being forfeited and the place being resold.
In case payments are not received on time, a late payment fee of CHF 50 or equivalent, may be charged to the client. Any early booking discounts offered only apply when full payment is received by the date advertised with the specific Product and prior to the start of the Product commencement date.
Bank, Paypal or other financial transfer fees incurred by transferring money are the sole responsibility of the client.
The client is responsible for paying for all extra services not included in the Product package, such as travel, transfers, any meals not specifically covered, spa services etc.
Cancellations
It is important to note that the Product deposit is non-refundable for multi-day Products. If a client cancels a booking 90 days or more before the Product, 100 % of the Product payment minus the non-refundable deposit is transferable to a new Emergencyoga Product.
Such new Product of the client’s choice must take place within 12 months from the day of cancellation as long as the Product chosen by the client is still open for registration and still has free places available. Emergencyoga does not guarantee any available places in the new Product of the client’s choice.
If the client cancels a booking 30-90 days before the Product date, half of the full payment, less the non-refundable deposit, is forfeited and half of the full payment is transferable to a new Emergencyoga Product, as per the paragraph above.
If a client cancels a booking 0-30 days before the Product date, the full payment is forfeited, not transferable and not refundable.
A client may agree to gift their place on the Product to a replacement client already known to them, in which case full payment of the Product remains the responsibility of the original client although they remain free to discuss repayment of Product costs with the replacement client as a private matter.
In case of full payment of less than CHF 300 being required to secure a Product involving a class or workshop then the full amount is not refundable.
Any credits or refunds for no-shows, late arrivals or early departures are excluded without any exceptions.
For Products that are single class bookings or Products occurring on one day only, cancellation is only possible when made through the booking system and must be done at least four hours in advance of the Product start time. In such cases where the cancellation meets these criteria, the client’s account on the booking system will be re-credited.
In case a client is in default (nonpayment or partial payment), Emergencyoga is entitled to cancel the booking of such client. Any amounts received by Emergencyoga at the time of such cancellation are non-refundable and Emergencyoga is not liable for any additional costs associated with such cancellation (transport cancellations, etc.).
Emergencyoga is not liable for cancellation, failure of, or delay in performing its obligations under this agreement due to force majeure events (official Covid-19 restrictions, earthquake, hurricane, tornado, flooding, volcanic activity or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo or epidemic), or if certain conditions present unacceptable danger to the participant.
Liability
The liability of Emergencyoga for any harm or damage to a client or its property caused by or resulting from any acts of Emergencyoga in connection with the booking of and/or the participation in a Product are excluded.
Emergencyoga is not liable for any harm or damage to a client or its property that may occur while the client is in transit to or from a Product location.
By participating in a Product, clients automatically affirm that they are in a condition that enables them to participate in the practice of yoga, pranayama, meditation, coaching and mentorship. This includes being in possession of any required Covid-19 vaccination or other vaccination certificates or test results. Clients are responsible, before taking any classes or engaging in any Product activities, of making Emergencyoga fully aware of any conditions including pregnancy and any other physical or emotional conditions.
On confirmation of a Product booking the client acknowledges and respects that Emergencyoga acts only as a guide in the sharing of yoga, pranayama, meditation, mindful movement, Ayurvedic yoga, coaching and mentoring approaches, making suggestions that the client may choose to follow or ignore in their practice of the Product. The client must ensure that he/she is medically, emotionally and physically fit and able to access the Product facilities and participate in activities. Clients who have injuries or illnesses are advised to seek a doctor’s advice in advance of booking and participating in any Emergencyoga Products.
All clients agree to take responsibility for their own well-being and accept control of the choices they make. The booking of a Product assumes the client understands and agrees that any physical activity, including yoga, bears a potential risk of accidents and therefore the client agrees to honour their own health needs, releasing Emergencyoga from all responsibility related to their health and safety and the practice of yoga, pranayama, meditation, mindful movement, Ayurvedic yoga, coaching and mentoring approaches.
The client however must comply fully with all and any health and safety regulations introduced by Emergencyoga and the premises where the Product is being conducted, including those related to Covid-19, in line with the legal requirements of the country the Product is being held in.
Travel and Health Insurance
By booking a Product, a client agrees to take out and purchase the relevant travel and health insurance. Such travel insurance has to mandatorily insure the following risks:
Cancellation of a Product by the client due to health issues (including the Covid-19 virus), and/or travel inability of the client or a close family member of the client.
The cancellation of the Product by Emergencyoga under force majeure circumstances which includes being forced to cancel the Product due to Covid-19 restrictions outside of the control of Emergencyoga.
Sickness or accidents of the client occurring during a Product
The comprehensive travel and health insurance taken out by the client must cover the full costs of the Product should the client need to cancel or leave the Product early, including transportation costs to and from the Product location as well as all medical expenses and emergency transports and medical evacuation. Emergencyoga is entitled to request a client to provide evidence for the existence of a respective insurance policy.
Optional but recommendable is the insurance of the following risks: flight delays, cancellation of the Product by client due to Covid-19 illness, loss of employment or new employment, loss of luggage, and collision damage excess waiver on hired vehicle should the client be planning to hire a car during the time they are using the Product.
Data Protection
Emergencyoga shall only process personal data from clients for the purpose and to the extent necessary for the performance and the execution of these Terms and Conditions. Your data will never be sold or passed onto anyone without your explicit and written permission. The client explicitly acknowledges and consents, that for that purpose, personal data may also be transmitted to the corresponding Retreat centre hosting the Retreat or used in an emergency medical situation for the sole benefit of the Client’s health and life preservation.
Updating these terms of service
Emergencyoga reserves the right to update and/or alter these terms and conditions at anytime, and it is the client’s responsibility to be familiar with them prior to booking a Product.