TERMS AND 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, MOMENTARY JOYOUS, 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 registration by the customer, a binding 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 MOMENTARY JOYOUS, the contract is bindingly concluded.

(2) MOMENTARY JOYOUS yoga and meditation retreats and events are offered or booked via an online booking form, which is provided by the service provider WIX. The form must be truthfully filled out and signed by the customer before the start of the retreat, event or services

(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 MOMENTARY JOYOUS has been made, the participation is assured. The transfer to third parties may be permitted circumstantially. 

§ 3 Processes & Dates

(1) The general procedures of the retreats and events or services can be found on the respective information pages on momentaryjoyous.com. We reserve the right to adapt and change them. We also reserve the right to adjust and change the procedures during the retreat, event or service in order to guarantee a smooth process.

(3) Participants are responsible to 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. We recommend the conclusion of a foreign travel insurance.

§ 4 No refund in case of non-participation

Included Retreats, Events and Services in any case: There are no refunds nor credit vouchers for non-attendance, unless refund policy is respected.

§ 5 Prices

(1) All prices are gross prices (including taxes). The deposit is part of the gross price.

MOMENTARY JOYOUS 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 retreat, event or service has been booked, discounts or offers can no longer be claimed.

(2) All payments must be settled before the start of the retreat, event or service. Further details on the exact timing can be found below. Payment will be made as shown on the website.

§ 6 Down Payment

(1) Detailed information on payment can be found in the booking confirmation and may vary depending on the retreat, event or retreat. 

(2) If the due down payment or the due total price was not or not completely paid, MOMENTARY JOYOUS,can withdraw from the contract 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 team@momentaryjoyous.com. It applies the day of receipt of the cancellation at MOMENTARY JOYOUS. If you withdraw from the contract, we can claim compensation for the arrangements made and for our expenses.

(2) The cancellation fees that we can demand in the event of cancellation of the retreat, event or service per registered participant are as follows, unless otherwise stated (percentage of the total price of the event, retreat or service):                                                                                                                                          

Notification more than 60 days before the start of the trip: 20% (not including the non refundable deposit)

Notification between 60 and 30 days before the start of the trip: 50% (not including the non refundable deposit)

Notification less than 30 days before the start of the trip: 100%

In case of cancellation we charge an additional handling fee of $50 USD (900MXN) per registered participant. 

(3) MOMENTARY JOYOUS can withdraw from the 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 contract partner behaves in an unreasonable manner contrary to the contract.

b) 3 days before the start of the trip due to failure to reach the minimum number of participants, 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.

c) In case of an incorrect booking, incorrect offer (room, price, program) or incorrect occupancy, MOMENTARY JOYOUS can withdraw from the contract and cancel the reservation. The customer will be refunded the total cost of the registration.

§ 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 contract. The mutual rights and obligations arise from the statutory provisions. According to this, MOMENTARY JOYOUS can demand an appropriate compensation for services rendered or still to be rendered. MOMENTARY JOYOUS does not bear the costs for a return transport of the customer.

§ 9 Terms of payment and set-off and right of retention

(1) You can pay the purchase price and at your choice only with the payment options offered by us.

(2) 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.

(3) 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 MOMENTARY JOYOUS.

You agree to indemnify and hold MOMENTARY JOYOUS 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) MOMENTARY JOYOUS works exclusively with trained yoga teachers, meditation teachers and any contractual teachers to ensure the high quality of each retreat, event and service. 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. MOMENTARY JOYOUS 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.

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Canada 03.04.2023

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