Terms & Conditions
General Terms and Conditions
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, company Nomadikas GmbH, authorized representative Managing Director Darina Angelow, Bonner Str. 12, 51379 Leverkusen, Germany, firstname.lastname@example.org, 0176 96917971, and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the travel contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract. With a travel registration by the customer, a binding travel contract is offered. The registration can be made in writing, by telephone, by mail or online via the online form. After written confirmation on the part of NOMADIKAS, the travel contract is bindingly concluded.
NOMADIKAS yoga trips and teacher trainings are offered or booked via an online booking form, which is provided by the service provider Retreat Guru. The form must be truthfully filled out and signed by the customer before the start of the trip.
(3) We will confirm the receipt of your order placed via our online store immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the booking unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract is only concluded when we accept your booking by a declaration of acceptance. As soon as the (deposit) payment to NOMADIKAS has been made, the participation is assured. The transfer to third parties is not permitted.
§ 3 Processes & Dates
(1) The general procedures of the yoga tours or services can be found on the respective information pages on nomadikas.com. We reserve the right to adapt and change them. We also reserve the right to adjust and change the procedures during the yoga journey in order to guarantee a smooth process.
(2) There is a possibility to book a double room for single use for an extra charge. There is a possibility to book out the room for two persons. When booking single person we determine the further occupancy of the free beds.
In case of incorrect booking or occupancy see 2.1.3.
(3) Participants of the yoga tours and yoga teacher trainings are obliged to truthfully provide information about their health status (mental and physical illnesses). We also ask for truthful information about allergies and intolerances in order to adjust the services on site accordingly. The questionnaire is attached to the yoga trip registration form. We recommend the conclusion of a foreign travel insurance.
§ 4 No refund in case of non-participation
Included Services, Trips and Yoga Classes during the Retreats & YTTs: There are no refunds nor credit vouchers for non-attendance at yoga classes or other services.
§ 5 Prices
(1) All prices are gross prices (including taxes). The deposit is part of the gross price.
NOMADIKAS reserves the right to adjust prices. Discounts and offers are valid only as long and for the purpose as stated on the offer. After a trip or service has been booked, discounts or offers can no longer be claimed.
(2) All payments must be settled before the start of the service. Further details on the exact timing can be found below. Payment will be made as shown on the website.
§ 6 Down Payment
(1) After receipt of the travel confirmation, a deposit of the tour price is due. The amount of the deposit is calculated as follows and is automatically shown when booking:
Bookings more than 90 Days before departure: 30% deposit
Bookings less than 90 Days before the start of the trip: 100%
The remaining travel price is due at the latest 90 days before departure. Detailed information on payment can be found in the booking confirmation.
(2) If the due down payment or the due total price was not or not completely paid, NOMADIKAS can withdraw from the contract (§ 323 BGB) after unsuccessful reminder and appropriate period for payment and charge the customer with withdrawal costs.
§ 7 Cancellation
(1) You can withdraw from the trip at any time before the start of the trip by a written statement addressed to us at the postal address or email@example.com. It applies the day of receipt of the cancellation at NOMADIKAS. If you withdraw from the travel contract or do not start the trip, we can claim compensation for the travel arrangements made and for our expenses.
(2) The cancellation fees that we can demand in the event of cancellation of the trip per registered participant are as follows, unless otherwise stated (percentage of the total price of the trip):
Notification more than 90 days before the start of the trip: 50% of the balance paid (not including the non refundable deposit)
Notification less than 90 days before the start of the trip: 100% of the total balance paid
In case of cancellation we charge an additional handling fee of 50 Euro per registered participant. We recommend the conclusion of a travel cancellation insurance.
(3) NOMADIKAS can withdraw from the travel contract before the start of the journey or cancel the travel contract after the start of the journey in the following cases:
a) Without observance of a time limit, if the implementation of the trip despite an appropriate warning by the tour operator is disturbed by the traveler persistently. The same applies if the contract partner behaves in an unreasonable manner contrary to the contract. However, the tour operator retains the right to the tour price. Any additional costs for return transportation shall be borne by the disruptive party itself.
b) 3 days before the start of the trip due to failure to reach the minimum number of participants (unless otherwise stated, the minimum number of participants is 10 persons for a retreat and 8 for a teacher training), if a minimum number of participants specified in the invitation to tender or other content of the travel contract is not reached. In this case, the customer will be refunded the costs of the own event. However, the arranged flight service must be borne by the customer at his own expense.
§ 8 Force majeure
If the trip is significantly impeded, endangered or impaired as a result of force majeure unforeseeable at the time of conclusion of the contract, both the traveler and we may terminate the travel contract. The mutual rights and obligations arise from the statutory provisions. According to this, NOMADIKAS can demand an appropriate compensation for travel services rendered or still to be rendered. NOMADIKAS does not bear the costs for a return transport of the customer.
§ 9 Terms of payment and set-off and right of retention
(1) The purchase price must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can pay the purchase price and at your choice only with the payment options offered by us.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You shall also not be entitled to set off against our claims if you have given notice of defects or counterclaims from the same purchase contract.
(4) As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 10 Indemnity
You agree to fully indemnify without limitation to any trainer(s), director(s) or contractor(s) against any injury, malpractice, mishap, or accident during any and all interactions with the Company away from, or at the primary place of business for Nomadikas.
You agree to indemnify and hold Nomadikas and its affiliates, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
§ 11 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(4) Any damage to the accommodation or the inventory is to be paid by the participants. The person who caused the damage is liable for the full amount. If no participant acknowledges the damage, the costs will be apportioned to all participants. We recommend the conclusion of a private liability insurance.
(5) If scheduled transportation is provided as part of or in addition to a trip and the traveler is issued a corresponding transportation pass for this purpose, we shall provide third-party services to this extent, provided that we expressly refer to this in the travel description and in the travel confirmation. We are therefore not liable for the provision of the transport service itself. Any liability in this case is governed by the transport regulations of these companies. In addition, we are not liable for service disruptions in the area of external services that are only mediated and are expressly identified as such in the travel description.
(6) NOMADIKAS works exclusively with trained yoga teachers to ensure the high quality of each trip and class. Nevertheless, any liability for injuries is excluded. The participant takes part in all activities at his own risk. Furthermore, it is at the discretion of each participant which movements, positions and exercises are appropriate to their current physical fitness and yoga level. NOMADIKAS cannot be held responsible for the accuracy of information provided by third parties or linked sites.
§ 12 Copyrights
We have copyrights to all images, films and texts that are published in our online store. A use of the images, movies and texts, is not permitted without our express consent.
§ 13 Applicable law and place of jurisdiction
(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. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the Seller. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
München, den 16.04.2021
Recht 24/7 Schröder Rechtsanwaltsgesellschaft mbH