Terms & Conditions.
Terms and Conditions of Yoga Bali, sole ownership Beate McLatchie, (in the following called: Yoga Bali).
These terms and conditions apply to all services offered by Yoga Bali, specifically at rented facilities or online to open classes (defined as yoga practice without prior registration and published in form of a written schedule) and workshops (special classes, including special courses, e.g. beginner’s courses with prior registration). By purchasing a valid product that gives the customer (in following: student) the right to participate in any of the above mentioned services, the student accepts the following terms and conditions:
1. Individual rights of use
a.) Purchase of a valid card/long term membership or registration to a workshop or Beginners course enables students to use the facilities that Yoga Bali rented or online service during the course of the class/workshop, as well as, 15 minutes before and after practice. The student may use the rented facilities of Yoga Bali for the purpose of getting changed and taking a (short) shower. If a staff member of the rented facility or online service of Yoga Bali asks the student to identify themselves the student is obliged to do so. In case of refusal, the student may be denied access to the rented facility and classes/workshops.
b.) Generally, all services offered by Yoga Bali are available to students. However, a legal right to any of these services does not exist. The number of class and workshop participants is limited. Some services may require specific personal conditions to be met by the student. If personal conditions are not met, Yoga Bali has no obligation to render services to the student
c.) Participation in classes and workshops is only possible if students arrive at the rented facility or online service on time. Due to organizational reasons and consideration of other participants, students arriving late will not be admitted once classes/workshops have started.
d.) The student is required to behave in a non-disruptive manner as to not disturb classes/workshops, not break any objects found in the rented facilities or online services of Yoga Bali and not affect other participants negatively. During practice students are required to keep noise levels to a minimum. Smartphones, mobile Phones and other electronic devices are not permitted in the practice rooms (shalas) as well as online. Out of consideration for other participants, students are required to adhere to the above stated rules. In case of severe violation of these rules and other directions given by Yoga Bali or their rented facilities staff members, for example through threatening behaviour, verbal and physical abuse, sexual predatory behaviour, theft, and insufficient hygiene, the student might be prohibited from entering the rented premises or online rooms of Yoga Bali permanently, irrespective of any membership or pass they might hold.Yoga Bali is not required to reimburse the students for purchased products in such an event. To avoid conflicts amongst participants and to ensure the smooth running of classes/workshops, Yoga Bali further has the right to deny rendering of services without stating the reasons. In this case Yoga Bali will reimburse students the aliquot part of their remaining membership or pass.
2. Memberships and Conditions
Students may choose from the following passes/cards/contracts:
- Schnuppern: The one week trial offer is available for everyone but only once for free for an unlimited amount of practices within the period of 7 days. Yoga Bali reserves the right to exclude certain classes from this offer. Students will be informed which classes are exempt from the “Schnupper” offer at the time of the purchase. A “Schnupper” offer is non-refundable and non-transferable. This offer cannot be “frozen” and then reactivated at a later time.
- Drop In: A “Drop In” pass gives access to a single yoga practice or workshop.
- 5 – Pass: Allows for participation in five open classes from the timetable.
- 10 -Pass: Allows for participation in ten open classes from the timetable.
- Monthly Card: Allows for participation in all classes within one month from the date of purchase.
- Memberships: The Freedom Pass and The Bootcamp Pass Allow for participation in all classes and have a three months minimum with one month cancellation period and are not transferable. The teacher training discount is only available with a 6 months pass minimum.
Monthly card, three-month card holders and students with a long term contract may participate in yoga classes published in the schedule within the contractual period provided the appropriate monthly payments are made.
If students are not making use of the services offered by Yoga Bali due to reasons that lie within their control and do not warrant an extraordinary termination of the contract, students are not entitled for reduction of payment or reimbursement.
No extensions or refunds are given for passes. Passes, cards, and long term contracts are non-transferable. The right of usage can only be transferred for the attendance of workshops, before commencement of such.
Due to admission procedures also an already guaranteed place in the Yoga Teacher Training is non-transferable. Separate Terms and Conditions apply for the Yoga Teacher Training.
b.) Prices and Payment
All prices are displayed on the Yoga Bali website or through Eversports, are final, and include 20% tax when Beate’s company is in Vienna. Full payment of passes and cards is either done online or due at the time of purchase, which needs to be done before the commencement of classes/workshops. We accept cash, credit and debit card and bank transfers (e.g. when registering for a workshop). Monthly payments for Long term contracts are automatically debited through a SEPA authorization or Eversports.
In case of a discounted membership (e.g. a student discount) the holder of the contract is required to inform Yoga Bali of any changes affecting the eligibility for such a discount. If a person is no longer eligible for a discount, normal prices apply.
Prices of indefinite contracts are adjusted to current prices on an annual basis on the date the contract started. Students are to be notified of such changes. If students object to such a change of contractual terms, the contract is to be terminated within fourteen days, effective immediately.
c.) Freezing in case of moving away, travels, illness and accidents
In the event that a student’s permanent address changes from the one they had at the commencement of their membership at Yoga Bali, which leads to an unreasonable amount of travel time to the studio (one hour driving time is considered reasonable), or the student suffers from a medical condition that prevents them from attending classes (medical note required) for at least one year, the student may terminate a long term contract at the end of the month. In case of a medical condition, contracts can be terminated immediately in form of a written notice. In the case of a cancellation students are reimbursed the aliquot part of the monthly payment or will not be debited for future payments.
A €10 admin fee is charged for freezing.
In case a medical condition prevents the student from using services of Yoga Bali for at least two weeks, they may, provided they can provide a medical testament, freeze the contract effective immediately without any charges.
In case of travels extending a period of two weeks, students may freeze their contract provided they can show proof of their travels through a booking reservation (hotel, flights, etc). Contracts cannot be frozen for travels or a time away of less than two weeks.
Freezing is not available for “Schnupper” offers, other discounts, and specials.
d.) Limited number of participants/schedule changes
Yoga Bali offers mostly open classes. This means that attendance of the classes displayed in the schedule does not require a prior registration, but may be denied if the maximum amount of participants for a class has been reached. To reserve a spot, students may register online up to an hour before class starts. The rented facilities of Yoga Bali have a limited capacity and therefore participation in a class cannot be guaranteed, unless students reserve their spot through prior through online registration. Students are required to arrive to class on time and are admitted in the order of their registration.
Short-term cancellation of classes due to unexpected and special reasons do not result in a price discount or a cancellation of contracts, provided the schedule of Yoga Bali is otherwise adhered to and students have the option to take other open classes instead. This also applies to other schedule changes made with reasonable consideration by Bali Yoga Wien. During the summer months less classes may be offered due to the fewer amount of students practicing at the studio.
e.) Cancellations due to important reasons (not for block cards)
1 month period of written notice
Without interfering with other rights granted through these terms and conditions, Bali Yoga Wien and students are legally entitled to cancel individual passes due to important reasons under adherence to the 1-month notice period.
f.) Cancellations of workshops, seminars, Beginners Courses
Workshops and seminars are to be paid per bank transfer before commencement of such. In case of cancellation due to medical reasons students need to show a medical certificate. The already paid fee can then be used for another workshop/seminar/course or will be reimbursed.
- Cancellation of workshops/seminars: cancellation until a week prior results in the payment of 50% of workshop/seminar fees; cancellation until two days prior results in the payment of 100% of workshop/seminar fees.
- Cancellation Beginner’s Courses/Boot Camp: cancellation until two weeks prior results in the payment of 50% of workshop/seminar fees; cancellation until a week prior results in the payment of 100% of workshop/seminar fees.
g.) Beginners Courses
Up to two missed classes from the Beginners Course can be made up by attending a class from another Beginners Course or a Basic Open Class as outlined in the schedule.
Due to the extra administrative work, a €5 admin fee is charged for any make up class.
We reserve the right to change the starting date if the course, the room and the teacher spontaneously
All Workshops are held with a minimum of 12 participants. In case workshops are cancelled because of less registrations than 12, workshop fees are either reimbursed or can be used by students for future workshops.
If workshops need to be cancelled by Bali Yoga Wien for any other reasons, workshop fees are also reimbursed or can be used by students for future workshops.
3. Waver of Liability of Yoga Bali
Students are made aware that Yoga Bali rented facilities may offer lockers for the secure storage of personal belongings. Keys for lockers are to be brought into the shalas (if applicable). Yoga Bali is not liable for the loss of clothing items, valuables, and other personal belongings unless participation of a staff member of Yoga Bali can be proven. Students use services offered by Yoga Bali at their own risk. Yoga Bali is not liable for accidents and any resulting injuries. Yoga Bali is further not liable for injuries resulting from improper execution of exercises and asanas. Please refer to point 6) of these terms and conditions. Yoga Bali’s liability for damages to personal property or material objects is limited to cases of intentional damage or severe neglect.
4. General health of students
Through purchase of a pass/card or long term contract, the students declare that they are physically healthy and psychologically stable, and they can meet the physical and mental requirement and will only in this state participate in classes or workshops. Participation in classes or workshops under the influence of alcohol or drugs is prohibited.
The services offered by Yoga Bali are not a therapeutically treatment and do not substitute medical treatments under the supervision of a professional or prescription medication. Staff members of Yoga Bali have the right to deny students access to classes and workshops if they have good reason to assume that the physical and/or mental condition of a student may inhibit their ability to participate in the practice.
Students declare that they are free from infectious diseases and that they have no medical condition that might prevent them from undertaking Yoga exercises. Students are required to make teachers aware of chronic diseases and other physical and mental illnesses that might impact the practice of other students or endanger them. Pregnant students need a medical clearance before participating in classes and workshops.
Student data might be used for own promotional purposes and are never shared with third parties. Students agree to have their data saved and stored in the electronic database of Bali Yoga Wien for the duration of 10 years after their last visit at the studio. All data is treated confidentially in accordance with the applicable legislation on data protection.
6. Governing law and jurisdiction
Austrian substantive law applies with the exception of relevant provisions.
Unless the KschG can be applied to the contractual relationship, any dispute between Bali Yoga Wien and the student is exclusively tied to the place of jurisdiction of the court responsible for the fourth district of Vienna.
There are no collateral agreements to these terms and conditions. Changes to these terms on conditions require a written change. If individual clauses of these terms and conditions change or become invalid, other clauses are not affected and remain valid. The clause that becomes invalid is to be replaced by one similar in economic interest and reasoning. The requirement for a written form is fulfilled by communication via email. In cases where email addresses are known, all communication between the contractual parties may take place via email.