GTC

GENERAL TERMS AND CONDITIONS OF SERVICE

OF YOGA STUDIO YOGAKULA

1. Scope

These terms and conditions apply to all offers and services of Yoga Studio “YogaKula,” Bösendorferstrasse 9, 1010 Vienna. With the purchase of a valid card (Drop-In or single class, 10 Classes, 1 or 3 Month-cards, Private classes), registration for membership, or registration to a workshop either online or onsite in the studio, there is agreement to a contractual relationship with YogaKula under the following conditions of participation.

In the case that a visit to a studio event is subject to special conditions of admission, these will be listed separately in the course program and on the website www.yogakula.at and are, therefore, to be fulfilled by the participants.

2. Rights of Participants

2.1

With the purchase of a valid card/pass/membership contract/workshop registration, the customer is authorized to utilize the premises of the YogaKula Studio during the available course times. The customer is further entitled to access the premises 20 minutes prior and 20 minutes after the conclusion of each lesson/workshop for the purpose of changing or using the showers. The client is required, at the request of YogaKula staff, to prove his/her identity. Otherwise, he/she may be prohibited from using the studio.

2.2

In principle, YogaKula Studio services are obligated to the customer as of the point of payment. However, there is no legal right to the utilization of services. The customer is not entitled to services in the event that personal conditions and conditions for participation explained to the customer by YogaKula are not fulfilled, or in the case that open course or workshop hours reach the maximum number of participants.

2.3

Participation in yoga classes/workshops is only possible when the client appears at the studio at the given start time. After the lesson begins, the register customer may, for organizational reasons and out of consideration to the other participants, no longer be permitted access. Registered customers must arrive and check in at the Reception ten minutes before the beginning of class. Otherwise, his/her reserved place will be made available to other customers, and untimely appearance of the customer will be regarded as a late cancellation (Punkt 3.3.)

2.4

The customer must always behave him/herself in the premises of the studio in such a way so as to cause no disturbance during the course of the lessons/workshops, to maintain the cleanliness of the studio, and to not interfere with the other participants. During the session, absolute silence will be observed and any disturbance, especially by electronic devices, will be avoided. The client must follow these rules in the interest of respecting the understanding of precise instructions by the employees of YogaKula. In cases of flagrant violations by the customer of these general terms and conditions and corresponding instructions by employees, as, for instance, in cases of assault, threats, insults, sexual assault, harassment, theft, poor hygiene, etc., even the first infringement may result in denial of service for the entire period of contract or the revocation of valid passes (ex. a Set of 10), without any obligation on the part of YogaKula for a refund. To avoid conflicts among participants and to maintain calm and orderly, undisturbed procedures, YogaKula may refuse to provide additional services without need of explanation. In this case, unused passes (ex. Sets of 10) (aliquot) that have not yet been used will be returned.

2.5

Registrations for yoga classes/workshops will be considered in the order in which they are received and are valid from the time at which payment for the training seminar is received in the designated Corporate Account. The YogaKula studio accepts registrations as well as bookings and cancellations only via the electronic online system (MindBody Online) or in writing (e-mail or Post). Every registration is binding.

3. Contract Types, Prices and Conditions

3.1

The client can choose from the following passes/contracts:

INTRO I Introduction Offer
Valid for participation in five classes within 10 consecutive days for € 10. The introductory offer is available only ONCE for new customers resident or working in Vienna, and it is not transferable or refundable.

INTRO II Introduction Offer
Valid for participation in thirty classes within 30 consecutive days for € 60. The introductory offer is available only ONCE for new customers resident or working in Vienna, and it is not transferable or refundable.

DROP-IN
Valid for participation in one class of 60 or 90 minutes, depending on the paid price.

10 KLASSEN (10 CLASSES)
Valid for participation in ten classes. A credit for unused units is not possible. Valid for participation in ten yoga/pilates classes of 60 or 90 minutes, depending on the paid price. Valid for a period of 12 months. Cannot be extended or exchanged for cash. A transfer or an extension is only possible with a surcharge of EUR 20. When buying a new block, the unused expired hours can be credited.

1 MONAT (1 MONTH) / 3 MONATE ( 3 MONTHS )
Valid for unlimited participation in all classes for the duration of one or three months - depending on the selected offer.


MEMBERSHIP CONTRACTS:

DAY-TIME, FULL-TIME: Valid for unlimited participation in all classes during the course of the specified day. The term is renewed every month automatically. Payment is made monthly by direct bank transfer. There is a minimum term of four months. The term of contract can, after the expiry of this minimum term, be terminated in writing with a 30-day notice of termination by e-mailing office@yogakula.at. After expiration of the minimum four-month period, the pass can be interrupted once a year for a period of at least 30 days and no more than 60 days. Valid as well for yoga mat storage in the YogaKula Studio, as well as for the free use of mats and towels. For existing contracts, separate cancellation regulations apply, as described under Point 3.3 of these Terms and Conditions.


PRIVATKLASSEN (Private classes)
Valid for participation in a single lesson and can be purchased individually or as a block of 10 classes. Purchased single classes are valid for 12 months. For private classes, special cancellation rules apply, as described in Point 3.3 of these Terms and Conditions.


3.2

Prices and payment

All prices including available discounts are available and listed at the reception and on YogaKula’s website and are understood to be the retail price inclusive of 20% sales tax.

To claim a discount, you must present a photo ID. The payment occurs at the time of purchase of the respective pass/contract, either in cash, via bank (Bankomat) debit card, via credit card (on the Online-Booking System), or direct transfer (ex. at the time of pre-registration for workshops), at least before the beginning of the respective class/workshop.

Payment of the member contracts occurs by SEPA direct deposit in equal monthly installments at the beginning of each contract month. As far as special considerations are granted, the customer must, without being asked, announce a change of the grounds (e.g. student). After the change, the normal conditions must be paid. For an indefinite membership contract, the price will be adjusted annually (at the first date of completion) to the valid price at that time for the membership contract. The customer holds the responsibility to notify. If the customer refuses the price adjustment, he/she is entitled to terminate the contract in writing within fourteen days with immediate effect.

3.3

Cancellations of workshops / classes / basic courses

Cancellation of yoga classes can only be done via the online system (MindBody Online) of the YogaKula studios. A cancellation of yoga classes is possible without penalty up to three hours before the beginning of a class. If canceled later, the full amount will be charged. Private sessions may be cancelled up to 24 hours prior to the beginning of the class, otherwise these will be charged the full amount.

Customers with ongoing membership contracts who more than three times cancel within 24 hours before class begins or fail to show (or do not register within 5 minutes before class begins) will be locked out of the online course booking system for a period of one month.

Workshop bookings can only be canceled in writing (e-mail or post), the workshop fee is not refundable. In cases of cancellation made 14 days prior to the beginning of the event, customers will receive a gift certificate minus 10 percent of the course fee for administrative costs. In cases of cancellation made fewer than 14 days before the course starts, no reimbursement of the course fee can be made in the form of a gift certificate.

3.4

Changes in the course or event program, cancellation

Due to what are fundamentally long-term plans made well in advance, program changes are possible. YogaKula reserves the right to change event days and locations, start times and course locations, teachers and possibly even cancel events. Participants will be informed punctually and in writing (by e-mail). In the case of an event failing to take place due to sickness or other unforeseen events, there is no obligation to the customer for the timely completion of the event. There will be no compensation for expenses incurred or claims against YogaKula Studio. The same applies for short-term schedule changes or schedule changes, as well as to teacher substitution. If an event must be canceled, a non-deductible refund will be made of already paid fees.

3.5

Workshops

All workshops require a minimum of five participants. Should a workshop not take place due to an insufficient number of applications received, the registration fee will either be refunded or used as a credit towards a future workshop. When a workshop must be cancelled for other reasons by YogaKula, the money will likewise be reimbursed. If desired, the participation fee may also be given to the customer as credit to be used.

4. Termination for Good Cause

The decommissioning of cards BEFORE the expiry date can only be for good cause, as, in particular, cases of illness (with doctor confirmation) or pregnancy. To this end, a written form can be requested by email to be sent to office@yogakula.at. The non-use of an offer of YogaKula due to other reasons, of the customer’s own responsibility, do not entitle any extraordinary termination/termination, nor does it entitle the customer to a reduction or refund of his/her payment.

5. Health Status and Liability

Participation is at your own risk. YogaKula is not responsible for the consequences of improperly performed exercises and any resulting damage to one’s health. The customer declares that, with the purchase of an hour/pass/membership contract, he/she is healthy and mentally stable and has met the relevant physical and mental conditions to attend yoga classes or workshops. Participation in yoga classes or workshops under the influence of drugs and/or alcohol is not permitted. Participation in yoga classes or workshops under the influence is only allowed with the express permission of the instructor.

The client ensures with his/her participation that he/she is not suffering under any infectious illness and that the yoga practice to be performed does not conflict with any medical conditions. If in doubt, consult a doctor. Chronic illnesses and other physical or mental impairments that could affect or endanger other participants in the yoga practice must be announced to the instructor prior to the beginning of class. In the case of pregnancy, the customer should obtain a doctor’s clearance to participate prior to participating.

The employees of YogaKula are empowered - without an obligation to confirm or liability for the decision – to deny a customer to participate in the yoga class, according to his/her own assessment that the customer’s health status prevents him/her from practicing. In such a case, the customer has no right to a refund or rescheduling.

6. Liability for Valuables

The client is advised that lockable lockers are available on the premises of YogaKula, and the locker keys may be taken into the yoga room. As already sufficiently communicated in the studio itself, YogaKula assumes no liability for lost clothing, money, or valuables of any kind. Claims for damages of any kind are, therefore, invalid.

7. Privacy Policy

Personal data of the customer (name, first name, address) will be collected for the purpose of the performance of the contract by YogaKula, and not shared with third parties, except and only when necessary, with contractual partners, including tax advisors and lawyers of YogaKula.

The customer confirms him/herself in agreement with passing on his/her data for the purpose of fulfilling the contract with YogaKula and further concurs with the understanding that his/her data will remain saved in YogaKula’s IT system for a maximum of 10 years (with the possible exception of existing longer statutory retention obligations) after the last visit to the studio. All information will be treated confidentially and securely, in accordance with applicable data protection regulations. For the use of personal data, the customer must provide explicit and separate approval in application form (online or in the studio).

Use of cookies

We use cookies (small text files placed on the device) and similar technologies, in order to offer our website and online services and help through the collection of data. Cookies allow us to save, among other things, your preferences; simplify your registration; offer you relevant offers of interest; combat fraud; and analyze how our website functions.

When you browse our website, you automatically agree to the use of cookies. The data collected by cookies are used to identify the visitor of the website and collect personally-tailored data of the user, despite any pseudonym.

You can determine whether cookies can be set and retrieved by the settings in your browser. You can deactivate in your browser the saving of cookies in its entirety, restrict it to certain websites, or configure your browser in such a way as to automatically notify you as soon as a cookie is to be set and request you to confirm. This makes the use of cookies for you transparent. Good to know: for the full functioning of our website, allowing the use of said cookies is required, for technical reasons. A collection or saving of personal data collected in cookies does not take place in this context by us.

8. Jurisdiction, Applicable Law

Austrian substantive law applies, to the exclusion of any reference standard. The contract language is German. The English translation of the General Terms and Conditions is purely a service of the studio for English-speaking customers, but it does not a provide a binding contract text, nor is English the contract language. Insofar as the relationship does not apply to the KSchG, it applies to all disputes between YogaKula and the customer as the exclusive place of jurisdiction for YogaKula locally and agreed by the competent court.

9. Additional Agreements

There are no side agreements to these terms and conditions. Changes to these terms and conditions require the changes also to be made in writing. Should individual clauses of the present conditions, in whole or in part, be ineffective, this does not affect the effectiveness of the other clauses, and the contract remains in principle, whereby the ineffective clause shall be replaced by another clause that efficiently meets most closely the purpose of the ineffective clause. The written requirement is met by e-mail transmission. As long as the customer has provided an email address, all messages between the contracting parties can be sent by email.