1 Scope of application and definitions

1.1. The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between

Harald Heintze
Atscha Yoga
Calle las Piedras blancas 18 a
E – 38758 El Paso
E-Mail:
contact@atscha.com

(hereinafter referred to as the “Organizer” ) and our customers (hereinafter referred to as the “Participants”, jointly also referred to as the “Parties” ).

1.2. These GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. Consumer is acc. § Section 13 of the German Civil Code (BGB) applies to any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. The entrepreneur is acc. § Section 14 BGB is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.3. The General Terms and Conditions of the organizer apply exclusively. If the participant uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if the organizer has expressly agreed to them.

1.4. Unless otherwise agreed between the parties, these GTC shall also apply to the Client in the version valid at the time of commissioning or in any case in the version last communicated to the Client in text form as a framework agreement for similar future contracts, without the Contractor having to refer to them again in each individual case. Individual framework agreements or other contracts concluded with the client in individual cases (including ancillary agreements, supplements and amendments) shall always take precedence and shall merely be supplemented by these GTC. Framework agreements or other contracts shall be supplemented by these GTC unless individual provisions are made in individual cases.

2. subject matter of the contract

These GTC apply to all contracts for participation in a yoga teacher training course (hereinafter referred to as ” event” or “yoga teacher training course” ) of the organizer, which the participant concludes with the organizer with regard to the events presented on the organizer’s website and in the organizer’s business premises.

3. services of the organizer

3.1. The organizer offers both face-to-face and online events. The content of the event can be found in the respective event description on the organizer’s website.

3.2. The face-to-face events take place in rooms selected by the organizer. The organizer provides its services exclusively in personal contact with the participant. The organizer is not obliged to use a specific venue to hold the desired event, unless otherwise stated in the organizer’s event description on its website.

3.3. The online events offered by the organizer take place exclusively in electronic form via online video conference using appropriate technical means. In particular, the participant requires a suitable end device and access to the Internet as well as application software. The system requirements for participating in an online video event can be found in the respective event description on the website. The participant is responsible for ensuring that the technical system requirements are met. The organizer shall not be liable if the technical system requirements are not met or if there is a defect in the participant’s system.

3.4. The yoga teacher training is a block training course lasting 28 days and comprises 200 hours. The aim of yoga teacher training is to teach the practical and theoretical aspects of yoga. After successfully completing the training and passing the final examination, the participant receives a yoga teacher certificate. The certificate confirms to the participant which contents of the training have been successfully completed and the number of hours worked. The participant is obliged to study the contents of the yoga teacher training course on his/her own in order to deepen his/her knowledge. The training times and training breaks are determined by the respective yoga teachers at the training location and may vary. If the participant does not wish to take part in a final examination, he/she can receive a certificate of attendance for the participation and the content as well as the hours worked.

3.5. The organizer is not obliged to provide the services in person. It shall be entitled to engage third parties as subcontractors for the provision of the object of performance. Furthermore, the organizer may use one or more vicarious agents to fulfil the contract. The participant has no right to select a specific event manager for the selected event, unless otherwise stated in the event description on the organizer’s website.

3.6. The organizer shall provide its contractual services with the utmost care and diligence. However, the organizer does not owe a specific success. The organizer is free to set appropriate priorities within the framework of the training. In particular, the organizer does not guarantee that the participant will achieve a specific learning outcome or that the participant will achieve a specific performance target. This depends not least on the personal commitment and will of the participant, over which the organizer has no influence.

4. conclusion of contract

4.1. The presentation and advertising of the events described on the organizer’s website do not constitute a binding offer on the part of the organizer to conclude a contract, but rather an invitation to the participant to book the events described on the organizer’s website.

4.2. The participant can submit an offer by filling out the online registration form integrated on the organizer’s website. The data to be entered by the participant for the offer can be found in the input mask of the online registration form. After entering the data in the online registration form and by clicking on the “Order with costs” button at the end of the booking process, the participant submits a legally binding contractual offer in relation to the selected event. Participants can correct their entries at any time before submitting their legally binding booking using the usual keyboard and mouse functions.

4.3. The organizer will send the participant an automatic confirmation email immediately after booking, in which the participant’s booking is listed again and which the participant can print out using the “Print” function. The automatic confirmation e-mail merely documents that the organizer has received the participant’s booking. Such confirmation does not constitute a binding acceptance of the booking, unless acceptance is declared in addition to confirmation of receipt.

4.4. The organizer shall store the contractual provisions, including the GTC, upon conclusion of the contract in compliance with data protection regulations.

4.5. The participant must ensure that the e-mail address provided by him/her for the booking process is correct so that the e-mails sent by the organizer can be received at this address. In particular, when using SPAM filters, the participant must ensure that all e-mails sent by the organizer or third parties commissioned by the organizer to process the booking can be delivered.

4.6. The booking of the yoga teacher training by the participant is considered a binding contractual offer. Unless otherwise stated in the booking, the organizer is entitled to accept this contractual offer within ten (10) working days of its receipt by us.

4.07. If the participant expressly declares to the organizer that he/she wishes to register further participants for an event, the participant undertakes to be liable to the organizer for all claims arising in this connection.

4.08. If the parties agree special conditions, these shall not apply to current and future contractual relationships with the participant.

5. right of withdrawal

5.1 As a consumer, the participant has a fourteen-day right of withdrawal in accordance with the statutory provisions.

5.2 The right of revocation does not apply if the organizer has provided the service in full, the organizer has only begun to provide the service after the participant has given his express consent and the participant has simultaneously confirmed that he is aware that he will lose his right of revocation if the contract is fulfilled in full by the organizer. The declaration of consent to be provided reads: “I agree and expressly request that the organizer begins with the execution of the commissioned service before the end of the withdrawal period. Furthermore, I am aware that I lose my right of withdrawal upon complete fulfillment of the contract by the organizer.”

5.3 Furthermore, the right of revocation does not exist in accordance with. § Section 312 g para. 2 sentence 1 no. 9 BGB for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.

5.4 Consumers have a fourteen-day right of withdrawal.

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (Harald Heintze, Atscha Yoga, Calle las piedras blancas 18a, E – 38758 El Paso, E-Mail: contact@atscha.com ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

6 Remuneration and terms of payment

6.1. Unless otherwise stated in the organizer’s offer, the prices quoted are total prices.

6.2. The participation fee must be transferred within one week of receipt of the invoice. The receipt of the participation fee in the organizer’s business account is decisive for the timeliness of payment.

7. eligibility to participate and transfer of contract

Only the person named in the registration confirmation is entitled to participate in the booked event. It is not possible to transfer the contract to a third party unless otherwise agreed.

8. discontinuation of training

8.1. In the event that the course participant does not start the training on time, misses individual training days or breaks off the training altogether, the course participant has no claim against the organizer for reimbursement of the proportionate remaining costs.

8.2. In the event of illness or health problems of any kind, the participant may not commence training for insurance reasons. If the course participant suffers injuries and/or health problems of any kind during his/her training, he/she has the opportunity to compensate for the course units missed due to illness by following the lessons and doing additional written work. However, this only applies for a maximum of three days.

9. withdrawal by the organizer due to failure to reach the minimum number of participants

9.1. The organizer is entitled to withdraw from the contract if the minimum number of six (6) participants is not reached.

9.2. The organizer must declare the withdrawal to the participant in writing or text form (letter or e-mail) no later than fifteen (15) days before the start of the event. If it becomes apparent at an earlier stage that the minimum number of participants cannot be reached, the organizer will immediately exercise its right of withdrawal. The participant will then receive a refund of the participation fee paid.

10. withdrawal of the organizer

10.1. The organizer is entitled to withdraw from the contract for good cause. Important reasons exist in particular if

• the event has to be canceled due to circumstances for which the organizer is not responsible;
• force majeure or illness of the event leader (yoga teacher).

11.2. In the aforementioned cases, the organizer will refund any participation fees already paid in full. The organizer will make every effort to find an alternative date if the event is cancelled. The participant is not entitled to claim damages.

11. termination for behavioral reasons

The organizer may terminate the contract without notice if the participant persistently disrupts the event despite a warning from the organizer or behaves in such a manner contrary to the contract that the immediate termination of the contract is justified. This includes in particular violations of the General Terms and Conditions of the organizer as well as violations of the studio regulations applicable in the yoga school. In this case of termination, the organizer retains the right to the training costs. However, the organizer must take into account the value of the saved expenses as well as the benefits that the organizer obtains from any other use of the unused service.

12. rights of use

12.1. The organizer retains all rights of use under copyright law with regard to the event and teaching materials provided to the participant for the purpose of holding the event.

12.2. All rights, in particular the passing on, distribution, reproduction or making available to the public of the event and teaching materials or the recording of the events or parts of the event in audio or video require the consent of the organizer.

12.3. Event and teaching materials may only be used by the participant for private purposes.

13. liability

13.1. With regard to the services provided by the organizer, the organizer, its legal representatives and its vicarious agents shall only be liable in the event of intent or gross negligence.

13.2. The organizer is not liable for accidents caused by the participant.

13.3. In the event of a breach of material contractual obligations, liability shall also exist in the event of simple negligence, but shall be limited to the foreseeable damage typical of the contract.

13.4. Essential contractual obligations are those obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the participant may regularly rely (so-called cardinal obligations). Claims for damages arising from injury to life, limb or health and under the Product Liability Act remain unaffected by the above limitations.

14. force majeure

14.1. The organizer is released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of force majeure circumstances after the conclusion of the contract.

14.2. Force majeure circumstances include, for example, war, strikes, riots, expropriations, acts of God, pandemics, cardinal changes in the law, storms, floods and other natural disasters as well as other circumstances for which the organizer is not responsible, in particular water ingress, power failures and interruptions or destruction of data-carrying lines.

14.3. The organizer will inform the participant immediately in an appropriate form if a case of force majeure occurs.

14.4. Insofar as a change to the time (= the period of the booked participant modules) pursuant to clause 10.1. of these General Terms and Conditions on the basis of an agreement referred to in clause 15.2. Should the reasons stated in these General Terms and Conditions be significant, the organizer has the right to give the participant an alternative date for the respective modules. In this case, the organizer is obliged to provide the participant with at least two (2) alternative dates, which must be within a period of six (6) months or less after the originally agreed period. The organizer loses in the cases according to clause 15.4. of these General Terms and Conditions shall not lose its claim to remuneration and its claim to reimbursement of expenses if it informs the participant of at least two (2) alternative dates in accordance with this provision. The organizer’s payment claims shall not expire even if the organizer provides the participant with the necessary alternative dates in accordance with Section 15.4. of these General Terms and Conditions, but the participant does not attend or confirm any of these dates. If the modules cannot take place on the alternative dates due to force majeure, the organizer’s claims for remuneration against the participant shall lapse.

15 Confidentiality and data protection

15.1. The organizer undertakes to maintain confidentiality regarding all trade and business secrets of the participant for the duration of the event and also after its conclusion.

15.2. The organizer collects, processes and stores the participant’s data necessary for the business transaction. When processing the participant’s personal data, the organizer observes the statutory provisions. The organizer is entitled to transmit this data to third parties commissioned with the execution of the order, insofar as this is necessary for the fulfilment of the contract. Further details can be found in the organizer’s privacy policy, which can be accessed online.

15.3. If and insofar as the organizer processes personal data of the participant on behalf of the participant in the course of providing the service, the parties shall conclude a standard market agreement on the processing of data on behalf of the participant in accordance with Art. 28 GDPR before processing begins.

15.4. The organizer holds the copyrights to all images, films and texts published on its website. Use of the images, films and texts is not permitted without the express consent of the organizer.

16. alternative dispute resolution

16.1. For participants who are consumers, the following regulations apply. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

16.2. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board or universal arbitration board.

17. Place of jurisdiction, applicable law, contract language

17.1. The place of jurisdiction and place of performance for all claims arising from or on the basis of these GTC is La Palma and Spanish law shall apply exclusively.

17.2. The contract language is German.

18. Final provisions

Should one of the above conditions be or become invalid, this shall not affect the validity of the remaining conditions. All deviating agreements made at the time of conclusion of the contract must be in writing to be legally effective. The terms and conditions set out here are complete and conclusive. Amendments and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between us about the agreed content of the contract – whereby e-mail (text form) is sufficient.

Status: 01.05.2024

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