Retreat terms and conditions.

 

§ 1 Scope of application

These General Terms and Conditions (hereinafter referred to as "GTC Retreat") apply to services provided by

The Art of Self GmbH

Managing Director: Ms Christina Peters

Werderstrasse 58

20149 Hamburg

(hereinafter "The Art of Self GmbH")

towards the respective participant(s) within the framework of the Next Level Retreat (hereinafter "Retreat"), unless otherwise expressly agreed in writing or mandatorily required by law.

§ 2 Registration

Registration for the Retreat takes place online or by email. Please indicate the name of the participant as well as the full contact details, the desired room category and the food preference (vegetarian/vegan/intolerances). All registrations will be processed in the order in which they are received. A binding booking is only made when the participant receives a written confirmation of registration. The participant will receive all further information about the booked Retreat in good time before the start of the Retreat.

§ 3 Scope of services

(1)    The Retreat includes the provision of event space, accommodation and meals as well as group coaching sessions and movement opportunities for the time and duration specified in the Retreat announcement.

(2)    Travel to and from the venue is not part of the services offered and must be organised by the participant him/herself.

(3)    The specific accommodation and meals will be specified in the Retreat announcement and in the information provided to the participant after registration.

(4)    Group coaching takes place within the time frame described in the Retreat announcement. Subject of coaching can be the following services, which are not listed exhaustively: Coaching within the context of

●      Personal development

●      Clarity about purpose and vision

●      Habits for high performance

●      Conscious leadership

(5)    The movement sessions will take place in the time frame described in the Retreat announcement. The trainer named in the Retreat information is the provider of the movement units. The Art of Self GmbH provides the services of the trainer as part of the Retreat, but is not responsible for the content and arrangement of the movement units.

§ 3 Right of modification

(1)    The Art of Self GmbH reserves the right to make necessary changes to the content, methods and organisation before or during the Retreat, as long as these do not significantly change the overall character of the Retreat or the benefits for the participants. Originally appointed instructors (coach, trainer) may be replaced by other persons who are equally qualified when needed, e.g. in case of illness. The replacement of the respective person does not entitle the participant to withdraw from the course or to terminate it.

(2)    In the event of a necessary change in accommodation and venue by The Art of Self GmbH, the participant has a special right of termination, unless only the event space for the Retreat is changed and located in a proximity to the accommodation that is reasonable for the participant.

§ 4 Responsibility and participation of the participant

(1)            With the registration and signature, the participant declares that he/she is commissioning and carrying out the coaching voluntarily and at his/her own responsibility. He/she is aware that coaching is not a substitute for therapeutic or medical treatment and that participation is at his/her own risk. The Art of Self GmbH expressly points out that coaching is a free, active and self-responsible process and that certain successes cannot be guaranteed. The coach is available to the participant as a process facilitator and change trigger, but the actual change work is done by the participant. The participant should be willing and open to self-critically question previous values, to objectively deal with his/her own person and situation and to change his/her own behaviour and thus situations if necessary.

(2)            The participant declares to be in an appropriate state of health for the coaching. The participant is aware that participation in the coaching requires normal physical and mental resilience. He/she undertakes to provide all information in the registration form truthfully. In case of doubt, he/she is advised to have any health/psychological risks clarified by a trusted doctor before taking up coaching.

(3)           The participant acknowledges that he/she is always fully responsible for his/her own private and business actions. Furthermore, the participant acknowledges that all steps and measures taken by him/her in the context of counselling and coaching are exclusively his/her own responsibility.

(4)           The participant acknowledges that he/she is responsible for his/her own participation in the movement units and that he/she will only participate if his/her individual state of health permits this. In case of doubt, the participant must discuss participation with his/her doctor beforehand. Physical limitations, previous illnesses and other information relevant to participation in sports activities must be communicated to the trainer in good time before the movement unit. The trainer is free to exclude the participant from the movement units in whole or in part if, in the trainer's opinion, this is necessary to protect or promote health due to the participant's general condition.

§ 5 Fee and method of payment / travel expenses

(1)  With the binding booking through the receipt of the written registration confirmation, the total price for the Retreat shown in the confirmation email becomes due.

(2)  The participant must transfer the full invoice amount on receipt of the invoice or do the payment online.

§ 6 Cancellation

(1)    Cancellation by the participant(s)

The total price of the Retreat due after the binding booking (transmission of the registration confirmation) is non-refundable. In the event of cancellation by the participant, The Art of Self GmbH remains entitled to payment of the total price for the booked Retreat.

(2)    Cancellation by The Art of Self GmbH

The Art of Self GmbH reserves the right to cancel the Retreat or individual bookings for important reasons. These reasons include an insufficient number of participants or other circumstances for which The Art of Self GmbH is not responsible, such as illness of the instructors without an equivalent replacement, force majeure, official measures, unavoidable effects due to pandemics (e.g. COVID-19) and other unforeseeable, unavoidable and severe events.

Payments already made will then be refunded. Further claims against The Art of Self GmbH are excluded, except in the case of intent or gross negligence.

§ 7 Liability

(1)           The Art of Self GmbH is not liable for third-party services. This includes in particular the accommodation services of the Retreat accommodation as well as the movement units which are carried out by the trainer named in the Retreat information.

(2)            The Art of Self GmbH shall be liable without limitation for grossly negligent and intentional breaches of duty as well as for damage to life, body and health resulting from a negligent or intentional breach of duty. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected. For damage caused by simple negligence, liability is limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract, insofar as the breach is directed against essential contractual obligations, i.e. such obligations, compliance with which is of particular importance for the fulfilment of the purpose of the contract and on the fulfilment of which the other party may particularly rely (cardinal obligations). Any further liability is excluded. This also applies to consequential damages or indirect damages.

(3)           The liability exists in the same way for own fault as well as for the fault of vicarious agents.

§ 8 Confidentiality, data protection, communication

(1)          The participant agrees that all data provided in the registration and during the Retreat may be stored electronically and used exclusively for the agreed purpose of conducting the Retreat.

(2)          All documents, reports and information will be treated confidentially and may not be made accessible to third parties without the written consent of the participant(s). The Art of Self GmbH is obliged not to disclose any confidential information to outside third parties and to use confidential information exclusively for the purposes of the contractually agreed coaching. Furthermore, the coaching person is obliged to keep confidential information that has been handed over to him/her in writing or that he/she has personally recorded in such a way that no outside third party can gain access to it. 

(3)          The obligation shall continue to apply after termination of the contract.

(4)          The participant and The Art of Self GmbH agree that order-related data and information may be communicated in writing and by telephone as well as by fax and e-mail and that this does not constitute a breach of confidentiality obligations. Both parties are aware that communication by remote data transmission and in particular communication by e-mail involves risks. The Art of Self GmbH accepts no liability for damage caused by technical errors or unauthorised access by third parties, unless it is responsible for the error. If security precautions beyond the normal scope are to be taken (e.g. encryption of e-mails), a corresponding written agreement must be made for this purpose.

(5)          The privacy policy applies: https://www.the-art-of-self.com/imprint-privacy-policy

(6)           Liability for loss of data shall be limited to the typical recovery costs that would have been incurred if back-up copies had been made regularly and in accordance with the risks. 

§ 9 Final provisions 

(1)    The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2)    If the participant is a merchant within the meaning of the German Commercial Code (HGB), The Art of Self GmbH is free to choose whether to bring a claim against the participant at the participant's registered office or at the registered office of The Art of Self GmbH in Germany before the court with local and subject-matter jurisdiction. This shall not apply in the event of a legally prescribed, indispensable exclusive place of jurisdiction.

(3)  If individual provisions of these GTC should be or become invalid or contain a loophole, the validity of the remaining provisions shall not be affected thereby. The parties shall replace a provision determined to be invalid with a valid provision that comes as close as possible to the intended objective of the original provision.

(4)  Amendments and supplements to these GTC must be made in writing.

(5)  These GTC also exists in a German language version. Should difficulties of interpretation arise, the German text shall be binding.