Yesim Yuva Retreats – General Terms and Conditions for Retreats

General Terms and Conditions

The following General Terms and Conditions for the booking of retreats and participation in retreats organized by Yesim Yuva as the travel organizer become, insofar as effectively agreed, part of the package travel contract (hereinafter the “contract”) concluded between you and us. They supplement the statutory provisions pursuant to §§ 651 a – y of the German Civil Code (BGB) as well as Articles 250 – 252 of the German Introductory Act to the Civil Code (EGBGB).

1. Travel Organizer, Requirements for participants

The travel organizer is

Yesim Yuva

Kronprinzen Straße 19

40217 Düsseldorf

Telefon: +49(0)152 310 553 35

E-Mail: info@yesimyuva.com

1.2 To book a retreat organized by the travel organizer the customer must be at least 18 years of age and have full legal capacity.

1.3 Retreats organized by the travel organizer comprise of a variety of physical activities, ranging from group yoga and meditation exercises, hikes and the like as more specified in the specific description of the respective retreat on our website and provided to you before you place your booking. The retreats are suitable for persons in good physical health. Unfortunately, due to the physical activities that are an essential part of our retreats, our retreats in general are not suitable for persons with reduced/restricted mobility. At the customer’s request, we will provide the customer with accurate information about such suitability, taking into account the customer’s needs.

1.4 As the participants in our retreats come from various countries and our retreats are organized in various international countries, all group activities will be in English language.

1.5 As our retreats comprise mostly of group activities that include yoga and meditation exercises, a homogenous and well-balanced group of participants with a similar mindset and attitude especially towards yoga and meditation is essential for us. We therefore explicitly reserve the right to reject applications of persons that are not suitable for the retreat in our reasonable discretion, following a personal conversation with the respective applicant before the booking of a retreat.

2. Conclusion of contract, Included Services/not-included services

2.1 Before the conclusion of a package travel contract, we are obliged to inform the customer both about the essential details of the travel package and his rights under EU Directive 2015/2302. The essential information about the travel package can be found in the specific description and summary document for the respective retreat as well as in these Terms and Conditions. We inform the customer about his/her rights under EU Directive 2015/2302 before the conclusion of the contract in a separate document. 

2.2 Our retreat offers are based on the travel description and the supplementary information for the respective travel package, insofar as they are available to the customer at the time of booking. The pre-contractual information provided by us regarding the essential characteristics of the retreat services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees shall become part of the contract with the customer, unless it has been expressly agreed between us and the customer otherwise and at least in text form.

2.3 The booking of a retreat travel package by the customer is made via individual e-mail communication between us and the customer. After the customer contacted us regarding the booking of a retreat travel package, we will contact the customer via email and/or telephone/video call to discuss whether the retreat is suitable for the customer (see section 1.5 above). With the booking (travel registration via email) by the customer following the aforementioned communication, the customer offers us the binding conclusion of the contract. The contract is then concluded upon receipt of the travel confirmation by the customer sent by us. Upon or without delay after the conclusion of the contract, we will provide the customer with a travel confirmation in accordance with the legal requirements on a durable data carrier, which enables the customer to keep or store the contract and unchanged in such a way that it is accessible to the customer within a reasonable period of time (e.g. by e-mail).

2.4 Our retreat services explicitly do not include flights/train transportation to/from your home country to the retreat/travel destination. The customer is solely responsible to book his/her flights/train to and from the travel destination and arrange for a punctual arrival at the respective retreat center/hotel specified in the description of the retreat. Transportation from/to the airport at the travel destination can be arranged upon request of the customer and upon payment of the applicable respective transportation fees that are not included in the travel price. Further services not included in the retreat/travel package are specified in the respective retreat description.

2.5 Please note that pursuant to § 312g para. 2 no. 9 of the German Civil Code, for the booking of package travel contracts according to § 651a of the German Civil Code, which were concluded by means of distance selling/booking (this includes, for example, the conclusion of the contract by e-mail), the customer has no statutory withdrawal right pursuant to § 312g para 1 German Civil Code, but only the legal rights of cancellation and termination, in particular the right of cancellation according to § 651h German Civil Code (see section 4 below).

3. Payment, payment modalities, travel documents

3.1 After conclusion of the contract pursuant to section 2, a deposit to the amount of 500,00 Euro shall become due immediately with the rest of the travel price becoming due six (6) weeks prior to the retreat start date; however, any payments made prior to the travel may only be requested by us if the customer has been provided with a travel insolvency protection certificate (“Sicherungsschein”) in accordance with § 651r German Civil Code. The travel insolvency protection certificate will be issued with the booking of the customer and will be sent to the customer with the booking confirmation in text form.

3.2 In case the customer books the travel package later than six (6) weeks before the retreat start date, the travel price shall become due in full with the conclusion of the contract, if the customer has been provided with a travel insolvency protection certificate (“Sicherungsschein”) in accordance with § 651r German Civil Code and pursuant to sec. 3.1.

3.3 Payments by the customer can be made via bank transfer to the bank account or via credit card specified in the booking confirmation.

3.4 All prices include statutory VAT and are end prices.

3.5 If the customer fails to make the payment of the deposit and/or the payment(s) in accordance with the aforementioned due dates pursuant to sec. 3.1 or 3.2, although we are able and willing to duly provide the contractual services and have fulfilled our statutory information obligations and if no statutory or contractual right of retention exists on the part of the customer, we shall be entitled to withdraw from the contract after issuing a warning to the customer setting a deadline for payment and to charge the customer with cancellation costs in accordance with section 4. However, the customer shall be entitled to prove that we haven’t incurred any damage at all or that the damage is significantly lower than the cancellation costs stated in sec. 4.

4. Cancellation by the customer before the retreat start date, Cancellation fees, Substitute participants, Activities/Services not used by the customer

4.1 The customer may withdraw from the contract at any time before the start of the retreat by submitting an informal declaration to us. 

4.2 If the customer withdraws before the retreat start date or does not commence the retreat, we are entitled to demand a reasonable compensation. This shall not apply if we are responsible for the withdrawal or where exceptional circumstances occur at the travel destination or in its immediate vicinity, which significantly impair the performance of the retreat or the transport of persons to the destination (§ 651 h para 3 German Civil Code). Circumstances are unavoidable and extraordinary if they are beyond our control and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.3 We are entitled to claim reasonable compensation from the customer for travel arrangements already made and for other expenses incurred in a lump sum (hereinafter: “cancellation fee”). Customers are entitled to prove that we have incurred no or lower costs than the invoiced cancellation fee. In this case, the customer is only obliged to pay the lower costs.

4.4 The amount of the cancellation fee is determined in accordance with the following provisions:

-Cancellation by the customer is declared at the latest six weeks before the retreat start date: The cancellation fee shall be the amount of the deposit pursuant to sec. 3.1. 

-Cancellation by the customer is declared less than six weeks before the retreat start date: The cancellation fee shall be 100% of the retreat price. However, the deposit pursuant to sec. 3.1 may be transferred as a credit for a future retreat organized by us.

The cancellation fees have been determined by us taking into account the expenses usually saved and the acquisition usually possible through other use of the retreat services. The customer shall be free to prove that no damage or significantly less damage than the demanded cancellation fee has incurred.

4.5 Pursuant to Section 651e of the German Civil Code, the customer is entitled to demand that a third party take his place in the rights and obligations arising from the contract by notifying us in a durable medium (e.g. letter, PDF attachment to an e-mail); this right remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by us seven days before the start of the trip. However, please note that we are entitled to object to the entry of the third party if the third party does not fulfill the contractual travel requirements, in particular the requirements pursuant to sec. 1.2 – 1.5 and sec. 9.1 of these Terms and Conditions.

4.6 If the customer does not make use of individual retreat services or activities included in the retreat services – which we are or were willing and able to provide in accordance with the contract – for reasons attributable to the customer, the customer shall not be entitled to a pro rata refund of the retreat price, insofar as such reasons would not have entitled the customer to withdraw free of charge or to terminate the contract in accordance with the statutory provisions.

5. Withdrawal by the travel organizer 

5.1 If the minimum number of participants as specified in the retreat description or in other documents that have become part of the contract is not reached, we can withdraw from the contract a) at the latest 20 days before the start of the retreat for retreats that have a length of six days or more or b) at the latest 7 days before the start of the retreat for retreats that have a length of at least 2 days and a maximum of 6 days.

5.2 Furthermore, the travel organizer can withdraw from the contract before the retreat start date, if we are prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, the travel organizer must declare the withdrawal immediately after becoming aware of the reason for withdrawal.

5.3 If we withdraw from the contract pursuant to sec. 5.1 or 5.2, we lose our claim to the agreed travel price. The customer will be reimbursed any payments already made to us within 14 days after we declared the withdrawal from the contract.

5.4 We may withdraw from the contract after the start of the retreat if, in our reasonable discretion, the customer’s behavior lastingly disturbs or endangers the course of the retreat and this is not remedied or cannot be remedied even after a warning by us with a reasonable deadline. If we terminate the contract with the customer due to the aforementioned, we retain the claim to the travel price; however, we must take into account the value of the saved expenses as well as those advantages that we gain from another use of the unused service. 

6. Cancellation due to Covid19 travel restrictions

Please note that in case the customer or us need to cancel the retreat strictly due to Covid19 restrictions, meaning that due to Covid-related entry and exit regulations and requirements at the time of the scheduled retreat forbid the entry to the travel destination or the exit/departure from the travel destination or if the retreat cannot be carried out at the travel destination due to legal/official regulations, you will receive a full refund of payments already made to us. The aforementioned does not apply for flight cancellations due to non-legal regulations or e.g. personal quarantine obligations. We strongly recommend you take out travel insurance that also covers your flights as stated below in sec. 9.2. 

7. Changes to contract before retreat start date

7.1 Deviations of essential features of retreat services from the agreed content of the package travel contract which become necessary after conclusion of the contract (e.g. for safety reasons, unforeseeable events such as weather) and which were not brought about by us contrary to good faith are permitted before the retreat start date, insofar as the deviations are insignificant, do not lead to an essential change in the retreat services and do not impair the overall nature of the retreat. The customer will be informed of such changes to services clearly and in a prominent manner on a permanent data carrier (e.g. by e-mail). The notice shall be given immediately upon knowledge of the reason for the change.

7.2 In the event of a significant change to an essential feature of a retreat/travel service or a, the customer is entitled, within a reasonable period of time set by us at the same time as the notification of the change, to a) accept the change or b) withdraw from the contract free of charge or c) demand participation in a substitute trip at a later date, but only if such a trip is offered by the tour operator. It is at the discretion of the customer to respond to the change notice and exercise one of the aforementioned rights. If the customer does not react or does not react within the set period, the notified change is considered accepted.

7.3 Any warranty claims of the customer remain unaffected insofar as the changed services are defective. If we had lower costs for the implementation of the modified services or – if applicable -a substitute trip with equivalent quality, the customer shall be reimbursed the difference in accordance with Section 651m (2) of the German Civil Code.

8. Customer rights in case of defects, Customer obligations

8.1 If the retreat services are not provided free of defects pursuant to § 651i para 2 German Civil Code), the statutory provisions apply. If we are unable to remedy the defect as a result of a culpable failure by the customer to immediately notify us of the defect, the customer may not assert any claims for reduction (§ 651m German Civil Code) or claims for damages (§ 651n German Civil Code) against us.

8.2 The customer is obligated to immediately notify the representative of the travel organizer on site of any defects. 

8.3 If the customer intends to terminate the contract due to a travel defect of the type described in Section 651i (2) of the German Civil Code, insofar as it is significant, in accordance with Section 651l of the German Civil Code (BGB), the customer must first set us a reasonable deadline for remedial action. However, the setting of a deadline for remedial action shall not apply if the remedy is refused by us or if the immediate remedy is necessary.

9. Travel requirements, Customer travel insurance

9.1 We will inform the customer of general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining any necessary visas prior to conclusion of the contract as well as any changes thereto prior to commencement of travel. If the customer is not a German citizen, the customer is requested to inform us of this circumstance when booking the retreat. The customer is responsible for procuring and carrying the travel documents required by the authorities, any vaccinations that may be required, and for complying with customs and foreign exchange regulations. Disadvantages arising from failure to comply with these regulations, e.g. payment of cancellation costs, shall be borne by the customer. This does not apply if we have not informed the customer, have informed him inadequately or incorrectly.

9.2 In order to protect the customer’s travel plans against unforeseen risks, we expressly and strongly recommend that the customer takes out travel cancellation insurance including coverage for flights that need to be cancelled and, if necessary, insurance to cover repatriation costs in the event of accident, illness or death and/or other appropriate insurance (e.g. baggage insurance). Travel cancellation insurance is not included in the services and prices offered.

10. Liability

10.1 The contractual liability of the travel organizer for damages, 

that are not bodily injuries and

that are not culpably caused,

is limited to three times the travel price.

10.2 Possible further claims of the customer under international agreements or statutory provisions based on such agreements remain unaffected by the limitation pursuant to sec. 10.1.

 

11. Final provisions

11.1 Contracts between us and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, shall remain unaffected.

11.2 If the customer is a merchant under German law or in the event that the user or customer does not have a general place of jurisdiction in Germany, or in the event that the customer against whom a claim is to be brought relocates his domicile or usual place of residence outside the area of application of this law after conclusion of the contract or his domicile or usual place of residence is not known, the registered office of Yesim Yuva is agreed as the exclusive place of jurisdiction. Mandatory statutory provisions on the exclusive place of jurisdiction remain unaffected by this.

11.3 The EU website for online dispute resolution can be found here: http://ec.europa.eu/consumers/odr/.  Please note that we are not legally obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.The following General Terms and Conditions for the booking of retreats and participation in retreats organized by Yesim Yuva as the travel organizer become, insofar as effectively agreed, part of the package travel contract (hereinafter the “contract”) concluded between you and us. They supplement the statutory provisions pursuant to §§ 651 a – y of the German Civil Code (BGB) as well as Articles 250 – 252 of the German Introductory Act to the Civil Code (EGBGB).

1. Travel Organizer, Requirements for participants

The travel organizer is

Yesim Yuva

Kronprinzen Straße 19

40217 Düsseldorf

Telefon: +49(0)152 310 553 35

E-Mail: info@yesimyuva.com

1.2 To book a retreat organized by the travel organizer the customer must be at least 18 years of age and have full legal capacity.

1.3 Retreats organized by the travel organizer comprise of a variety of physical activities, ranging from group yoga and meditation exercises, hikes and the like as more specified in the specific description of the respective retreat on our website and provided to you before you place your booking. The retreats are suitable for persons in good physical health. Unfortunately, due to the physical activities that are an essential part of our retreats, our retreats in general are not suitable for persons with reduced/restricted mobility. At the customer’s request, we will provide the customer with accurate information about such suitability, taking into account the customer’s needs.

1.4 As the participants in our retreats come from various countries and our retreats are organized in various international countries, all group activities will be in English language.

1.5 As our retreats comprise mostly of group activities that include yoga and meditation exercises, a homogenous and well-balanced group of participants with a similar mindset and attitude especially towards yoga and meditation is essential for us. We therefore explicitly reserve the right to reject applications of persons that are not suitable for the retreat in our reasonable discretion, following a personal conversation with the respective applicant before the booking of a retreat.

2. Conclusion of contract, Included Services/not-included services

2.1 Before the conclusion of a package travel contract, we are obliged to inform the customer both about the essential details of the travel package and his rights under EU Directive 2015/2302. The essential information about the travel package can be found in the specific description and summary document for the respective retreat as well as in these Terms and Conditions. We inform the customer about his/her rights under EU Directive 2015/2302 before the conclusion of the contract in a separate document. 

2.2 Our retreat offers are based on the travel description and the supplementary information for the respective travel package, insofar as they are available to the customer at the time of booking. The pre-contractual information provided by us regarding the essential characteristics of the retreat services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees shall become part of the contract with the customer, unless it has been expressly agreed between us and the customer otherwise and at least in text form.

2.3 The booking of a retreat travel package by the customer is made via individual e-mail communication between us and the customer. After the customer contacted us regarding the booking of a retreat travel package, we will contact the customer via email and/or telephone/video call to discuss whether the retreat is suitable for the customer (see section 1.5 above). With the booking (travel registration via email) by the customer following the aforementioned communication, the customer offers us the binding conclusion of the contract. The contract is then concluded upon receipt of the travel confirmation by the customer sent by us. Upon or without delay after the conclusion of the contract, we will provide the customer with a travel confirmation in accordance with the legal requirements on a durable data carrier, which enables the customer to keep or store the contract and unchanged in such a way that it is accessible to the customer within a reasonable period of time (e.g. by e-mail).

2.4 Our retreat services explicitly do not include flights/train transportation to/from your home country to the retreat/travel destination. The customer is solely responsible to book his/her flights/train to and from the travel destination and arrange for a punctual arrival at the respective retreat center/hotel specified in the description of the retreat. Transportation from/to the airport at the travel destination can be arranged upon request of the customer and upon payment of the applicable respective transportation fees that are not included in the travel price. Further services not included in the retreat/travel package are specified in the respective retreat description.

2.5 Please note that pursuant to § 312g para. 2 no. 9 of the German Civil Code, for the booking of package travel contracts according to § 651a of the German Civil Code, which were concluded by means of distance selling/booking (this includes, for example, the conclusion of the contract by e-mail), the customer has no statutory withdrawal right pursuant to § 312g para 1 German Civil Code, but only the legal rights of cancellation and termination, in particular the right of cancellation according to § 651h German Civil Code (see section 4 below).

3. Payment, payment modalities, travel documents

3.1 After conclusion of the contract pursuant to section 2, a deposit to the amount of 500,00 Euro shall become due immediately with the rest of the travel price becoming due six (6) weeks prior to the retreat start date; however, any payments made prior to the travel may only be requested by us if the customer has been provided with a travel insolvency protection certificate (“Sicherungsschein”) in accordance with § 651r German Civil Code. The travel insolvency protection certificate will be issued with the booking of the customer and will be sent to the customer with the booking confirmation in text form.

3.2 In case the customer books the travel package later than six (6) weeks before the retreat start date, the travel price shall become due in full with the conclusion of the contract, if the customer has been provided with a travel insolvency protection certificate (“Sicherungsschein”) in accordance with § 651r German Civil Code and pursuant to sec. 3.1.

3.3 Payments by the customer can be made via bank transfer to the bank account or via credit card specified in the booking confirmation.

3.4 All prices include statutory VAT and are end prices.

3.5 If the customer fails to make the payment of the deposit and/or the payment(s) in accordance with the aforementioned due dates pursuant to sec. 3.1 or 3.2, although we are able and willing to duly provide the contractual services and have fulfilled our statutory information obligations and if no statutory or contractual right of retention exists on the part of the customer, we shall be entitled to withdraw from the contract after issuing a warning to the customer setting a deadline for payment and to charge the customer with cancellation costs in accordance with section 4. However, the customer shall be entitled to prove that we haven’t incurred any damage at all or that the damage is significantly lower than the cancellation costs stated in sec. 4.

4. Cancellation by the customer before the retreat start date, Cancellation fees, Substitute participants, Activities/Services not used by the customer

4.1 The customer may withdraw from the contract at any time before the start of the retreat by submitting an informal declaration to us. 

4.2 If the customer withdraws before the retreat start date or does not commence the retreat, we are entitled to demand a reasonable compensation. This shall not apply if we are responsible for the withdrawal or where exceptional circumstances occur at the travel destination or in its immediate vicinity, which significantly impair the performance of the retreat or the transport of persons to the destination (§ 651 h para 3 German Civil Code). Circumstances are unavoidable and extraordinary if they are beyond our control and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.3 We are entitled to claim reasonable compensation from the customer for travel arrangements already made and for other expenses incurred in a lump sum (hereinafter: “cancellation fee”). Customers are entitled to prove that we have incurred no or lower costs than the invoiced cancellation fee. In this case, the customer is only obliged to pay the lower costs.

4.4 The amount of the cancellation fee is determined in accordance with the following provisions:

-Cancellation by the customer is declared at the latest six weeks before the retreat start date: The cancellation fee shall be the amount of the deposit pursuant to sec. 3.1. 

-Cancellation by the customer is declared less than six weeks before the retreat start date: The cancellation fee shall be 100% of the retreat price. However, the deposit pursuant to sec. 3.1 may be transferred as a credit for a future retreat organized by us.

The cancellation fees have been determined by us taking into account the expenses usually saved and the acquisition usually possible through other use of the retreat services. The customer shall be free to prove that no damage or significantly less damage than the demanded cancellation fee has incurred.

4.5 Pursuant to Section 651e of the German Civil Code, the customer is entitled to demand that a third party take his place in the rights and obligations arising from the contract by notifying us in a durable medium (e.g. letter, PDF attachment to an e-mail); this right remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by us seven days before the start of the trip. However, please note that we are entitled to object to the entry of the third party if the third party does not fulfill the contractual travel requirements, in particular the requirements pursuant to sec. 1.2 – 1.5 and sec. 9.1 of these Terms and Conditions.

4.6 If the customer does not make use of individual retreat services or activities included in the retreat services – which we are or were willing and able to provide in accordance with the contract – for reasons attributable to the customer, the customer shall not be entitled to a pro rata refund of the retreat price, insofar as such reasons would not have entitled the customer to withdraw free of charge or to terminate the contract in accordance with the statutory provisions.

5. Withdrawal by the travel organizer 

5.1 If the minimum number of participants as specified in the retreat description or in other documents that have become part of the contract is not reached, we can withdraw from the contract a) at the latest 20 days before the start of the retreat for retreats that have a length of six days or more or b) at the latest 7 days before the start of the retreat for retreats that have a length of at least 2 days and a maximum of 6 days.

5.2 Furthermore, the travel organizer can withdraw from the contract before the retreat start date, if we are prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, the travel organizer must declare the withdrawal immediately after becoming aware of the reason for withdrawal.

5.3 If we withdraw from the contract pursuant to sec. 5.1 or 5.2, we lose our claim to the agreed travel price. The customer will be reimbursed any payments already made to us within 14 days after we declared the withdrawal from the contract.

5.4 We may withdraw from the contract after the start of the retreat if, in our reasonable discretion, the customer’s behavior lastingly disturbs or endangers the course of the retreat and this is not remedied or cannot be remedied even after a warning by us with a reasonable deadline. If we terminate the contract with the customer due to the aforementioned, we retain the claim to the travel price; however, we must take into account the value of the saved expenses as well as those advantages that we gain from another use of the unused service. 

6. Cancellation due to Covid19 travel restrictions

Please note that in case the customer or us need to cancel the retreat strictly due to Covid19 restrictions, meaning that due to Covid-related entry and exit regulations and requirements at the time of the scheduled retreat forbid the entry to the travel destination or the exit/departure from the travel destination or if the retreat cannot be carried out at the travel destination due to legal/official regulations, you will receive a full refund of payments already made to us. The aforementioned does not apply for flight cancellations due to non-legal regulations or e.g. personal quarantine obligations. We strongly recommend you take out travel insurance that also covers your flights as stated below in sec. 9.2. 

7. Changes to contract before retreat start date

7.1 Deviations of essential features of retreat services from the agreed content of the package travel contract which become necessary after conclusion of the contract (e.g. for safety reasons, unforeseeable events such as weather) and which were not brought about by us contrary to good faith are permitted before the retreat start date, insofar as the deviations are insignificant, do not lead to an essential change in the retreat services and do not impair the overall nature of the retreat. The customer will be informed of such changes to services clearly and in a prominent manner on a permanent data carrier (e.g. by e-mail). The notice shall be given immediately upon knowledge of the reason for the change.

7.2 In the event of a significant change to an essential feature of a retreat/travel service or a, the customer is entitled, within a reasonable period of time set by us at the same time as the notification of the change, to a) accept the change or b) withdraw from the contract free of charge or c) demand participation in a substitute trip at a later date, but only if such a trip is offered by the tour operator. It is at the discretion of the customer to respond to the change notice and exercise one of the aforementioned rights. If the customer does not react or does not react within the set period, the notified change is considered accepted.

7.3 Any warranty claims of the customer remain unaffected insofar as the changed services are defective. If we had lower costs for the implementation of the modified services or – if applicable -a substitute trip with equivalent quality, the customer shall be reimbursed the difference in accordance with Section 651m (2) of the German Civil Code.

8. Customer rights in case of defects, Customer obligations

8.1 If the retreat services are not provided free of defects pursuant to § 651i para 2 German Civil Code), the statutory provisions apply. If we are unable to remedy the defect as a result of a culpable failure by the customer to immediately notify us of the defect, the customer may not assert any claims for reduction (§ 651m German Civil Code) or claims for damages (§ 651n German Civil Code) against us.

8.2 The customer is obligated to immediately notify the representative of the travel organizer on site of any defects. 

8.3 If the customer intends to terminate the contract due to a travel defect of the type described in Section 651i (2) of the German Civil Code, insofar as it is significant, in accordance with Section 651l of the German Civil Code (BGB), the customer must first set us a reasonable deadline for remedial action. However, the setting of a deadline for remedial action shall not apply if the remedy is refused by us or if the immediate remedy is necessary.

9. Travel requirements, Customer travel insurance

9.1 We will inform the customer of general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining any necessary visas prior to conclusion of the contract as well as any changes thereto prior to commencement of travel. If the customer is not a German citizen, the customer is requested to inform us of this circumstance when booking the retreat. The customer is responsible for procuring and carrying the travel documents required by the authorities, any vaccinations that may be required, and for complying with customs and foreign exchange regulations. Disadvantages arising from failure to comply with these regulations, e.g. payment of cancellation costs, shall be borne by the customer. This does not apply if we have not informed the customer, have informed him inadequately or incorrectly.

9.2 In order to protect the customer’s travel plans against unforeseen risks, we expressly and strongly recommend that the customer takes out travel cancellation insurance including coverage for flights that need to be cancelled and, if necessary, insurance to cover repatriation costs in the event of accident, illness or death and/or other appropriate insurance (e.g. baggage insurance). Travel cancellation insurance is not included in the services and prices offered.

10. Liability

10.1 The contractual liability of the travel organizer for damages, 

that are not bodily injuries and

that are not culpably caused,

is limited to three times the travel price.

10.2 Possible further claims of the customer under international agreements or statutory provisions based on such agreements remain unaffected by the limitation pursuant to sec. 10.1.

 

11. Final provisions

11.1 Contracts between us and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, shall remain unaffected.

11.2 If the customer is a merchant under German law or in the event that the user or customer does not have a general place of jurisdiction in Germany, or in the event that the customer against whom a claim is to be brought relocates his domicile or usual place of residence outside the area of application of this law after conclusion of the contract or his domicile or usual place of residence is not known, the registered office of Yesim Yuva is agreed as the exclusive place of jurisdiction. Mandatory statutory provisions on the exclusive place of jurisdiction remain unaffected by this.

11.3 The EU website for online dispute resolution can be found here: http://ec.europa.eu/consumers/odr/.  Please note that we are not legally obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.