1. GENERAL
The subject of these terms and conditions encompasses all offers and services provided by Open Soul Open Heart Yoga (Stefanie Phu-Lorenz) at Herzogstraße 2c, 4060 Leonding, Austria. By using an offer or service, the customer accepts these terms and conditions without reservation.
Open Soul Open Heart provides instruction within the scope of courses, workshops, retreats, and individual sessions.
2. USAGE RIGHTS
All services provided by Open Soul Open Heart Yoga are generally open to all interested parties. However, there is no legal entitlement to the use of these services. If specific personal conditions are required for a particular service, the customer must fulfill them. Open Soul Open Heart Yoga reserves the right to reject interested parties without stating reasons or to terminate the contractual relationship retroactively for non-compliance with participation requirements.
3. CONDITIONS FOR YOGA INSTRUCTION
The following conditions apply to yoga classes, courses, retreats, and workshops conducted by Open Soul Open Heart Yoga.
3.1 Prerequisites
Every customer declares, with their registration, that they are physically and mentally healthy and capable of meeting the relevant physical and mental requirements. The offered services are not intended as therapy or healing programs and do not replace medical care or medication prescriptions. In case of doubt, consultation with a medical professional is advised.
3.2 Contract Duration, Course Duration, Offer
The contract duration is for a specified period and automatically ends with the expiration of the booked offer (course, 5-session pass, 10-session pass, individual session).
Basic courses: Open Soul Open Heart Yoga conducts Hatha and Vinyasa yoga courses. These require registration and payment of a course fee.
Single session: Participation in a single instructional session with advance registration*.
5-session pass and 10-session pass: Valid indefinitely for 5/10 sessions (of any duration) with advance registration* (see 3.3).
3.3 Registration
Open Soul Open Heart Yoga requires advance registration with a 5-session or 10-session pass or a single session booking.
The rented premises of Open Soul Open Heart Yoga have a capacity limited to 8 people.* With a high number of participants, a fixed spot in a specific session can only be guaranteed with prior online registration via www.opensoulopenheartyoga.com.
Binding registration for other services of Open Soul Open Heart Yoga, such as workshops or courses, is possible via the web contact form, in writing via email, or by phone.
Once the place is confirmed (acknowledgment), the spot is secured, and the participation fee is due for payment within 14 days.
Registrations are considered in the order of receipt. The contractual relationship becomes legally effective with the verbal confirmation or written registration confirmation by Open Soul Open Heart Yoga. If a registration cannot be considered, this will be communicated to the interested party immediately. Only registrations of legal age individuals are accepted. Minors are represented by their parents.
3.4 Payment Conditions
The participation fee is to be transferred before the start of the event. Alternatively, the agreed-upon amount must be paid in cash at Open Soul Open Heart Yoga before the start of the first session. The participation fee is due upon registration and must be transferred to the provided bank account within 14 days after registration. Payment default occurs if the demand is not settled within a set period. Any processing fees and legal reminder fees are borne entirely by the customer. In the case of payment default, Open Soul Open Heart Yoga is entitled to transfer the course place to another person and charge cancellation fees.
3.5 Participation Obligations, Exclusion
Participants are encouraged to attend the course regularly and constructively. Absences are solely the responsibility of the participants and do not entitle them to a refund of participation fees. The posted house rules apply during the stay in the rented premises. Open Soul Open Heart Yoga reserves the right to exclude participants in special cases, such as persistent disruption, from course participation. In such cases, no refund of participation fees will be granted, and any damage caused will be the responsibility of the respective participants.
3.6 5-Session and 10-Session Pass
The passes are valid indefinitely. Generally, they are not transferable (exceptions see 3.8 and 3.9). No credit for unused sessions is possible. Before each yoga session, the course instructor must be informed of the name of the purchased pass.
3.7 Arrival Before the Yoga Session
The yoga studio opens 15 minutes before the session, and it is requested to enter the class mindfully and quietly once it begins.
3.8 Cancellation of Registration, Withdrawal Conditions
Cancellations are accepted only in written form (email to office@opensoulopenheartyoga.com or by post) and confirmed in writing.
If the registration is canceled up to 2 weeks before the event date, no cancellation fee will be charged. For cancellations within the period of 14 to 7 days before the event, a processing fee of 50% of the invoice amount is due. For later cancellations (from 7 days before the event), the entire participation fee will be charged. This applies even if the participant simply fails to attend the course without timely cancellation.
If it becomes necessary to demand the payment of the course fee through a reminder, additional reminder or processing costs (€7/course booked) will be charged. Cancellation fees are also collected through the reminder procedure.
A replacement participant can be provided at any time, and this replaces the cancellation fee.
3.9 Transferability of the Pass
If the ongoing yoga sessions can no longer be attended due to significant professional or health reasons, there is a one-time opportunity to transfer the pass to another person.
3.10 Conducting Events, Cancellation, Termination, Changes
In view of maintaining a high-quality standard for yoga classes, courses, retreats, and workshops, the number of participants is limited.
The implementation of a course/workshop is tied to reaching a minimum number of participants by a specific date. With a lower number of registrations, the course/workshop may be altered, postponed, or canceled. Already paid participation fees will be fully refunded, or upon customer request, a transfer to another course/workshop can be arranged. Further claims for damages are excluded.
Open Soul Open Heart Yoga reserves the right to reschedule, interrupt, or cancel a course session or an entire course for significant reasons at short notice. In case of cancellation or rescheduling, already paid fees will be fully refunded, or in the case of an interruption, a partial refund will be issued. If an entire course is affected, an optional transfer to another course can be arranged upon customer request. No further claims for damages will be established.
Open Soul Open Heart Yoga emphasizes that the content and structure of courses can be changed at short notice, while maintaining the overall character of the course. This does not entitle the participant to withdraw from the contract. No claims for damages are justified.
3.11 Liability of Open Soul Open Heart Yoga
The liability of Open Soul Open Heart Yoga for personal, financial, and material damages is limited to intent and gross negligence. Open Soul Open Heart Yoga is not responsible for the consequences of improperly performed exercises. Liability in the case of the loss of brought clothing, valuables, or money is also excluded. The utilization of services from Open Soul Open Heart Yoga is at one's own risk. Open Soul Open Heart Yoga is exempt from any liability claims, and thus, it is not liable for accidents or resulting physical injuries to participants.
Each participant explicitly declares, with the registration, that they have personal liability and accident insurance. Open Soul Open Heart Yoga disclaims any liability towards customers and third parties. The qualified yoga instructor carries out individual services professionally and conscientiously according to the principles of proper execution, striving for accuracy and completeness of the content and information provided within the scope of their services. However, no guarantee is given for the timeliness, correctness, completeness, or quality of the provided information.
Claims for liability against Open Soul Open Heart Yoga relating to damages of a material or ideal nature caused by the use or non-use of the provided information are generally excluded, unless there is proven intentional or grossly negligent fault on the part of Open Soul Open Heart Yoga.
All customers bear full responsibility for themselves and their actions within and outside the services of Open Soul Open Heart Yoga and are accountable for any damages caused. Parents are responsible for their children.
3.12 Health Condition of Participants
Participants assure, by attending, that they are not suffering from a contagious disease and that there are no medical reasons preventing them from performing yoga exercises. Chronic illnesses, musculoskeletal disorders, as well as other physical or mental conditions that could influence the participant's yoga practice, must be communicated to the course instructor before the start of each session. Pregnancy must also be disclosed before the beginning of each session.
4. HOUSE RULES
Customers are obligated to follow the instructions of Open Soul Open Heart Yoga. The house rules must be adhered to. Open Soul Open Heart Yoga has the right to terminate a customer immediately in case of a serious violation of the posted house rules, etiquette, or general hygiene regulations. In such cases, the already paid fee will not be refunded, and claims for damages remain unaffected.
5. CONFIDENTIALITY, DATA PROTECTION
Personal and company-related customer data are collected, stored, and processed in compliance with data protection regulations and are not disclosed to third parties. Confidential information of participants that becomes known during yoga classes is treated strictly confidentially.
6. FINAL PROVISIONS
No verbal agreements exist. Changes require written form. This also applies to the written form clause. The correction of errors as well as printing and calculation mistakes is reserved. Should individual provisions of the General Terms and Conditions be wholly or partially ineffective, this does not affect the validity of the remaining provisions (severability clause). In place of the wholly or partially ineffective regulation, another appropriate regulation, legally permissible, and economically closest to the purpose and meaning of the original provision, shall apply.
Austrian law applies. The place of jurisdiction is the competent court within the jurisdiction of Traun.