Terms and Conditions

1. Scope of Terms and Conditions of Travel

 

1.1 These Terms and Conditions of Travel form the basis of the legal relationship between the traveller and & BEYOND YOGA in relation to travel arrangements organised by & BEYOND YOGA and all other services offered by & BEYOND YOGA.

 

1.2. These Terms and Conditions of Travel do not apply to the following holidays and services: if & BEYOND YOGA provides you with the travel arrangements of other organisers, the contract is concluded with these companies and their conditions of travel shall apply. In these cases & BEYOND YOGA is not a party to the contract.

 

2. Conclusion of Contract

 

2.1. The contract between you and & BEYOND YOGA comes into effect when your booking, whether in writing or over the telephone, is accepted unreservedly, at which point all rights and obligations under the contract (including these Terms and Conditions of Travel) come into force, for both you & BEYOND YOGA.

 

2.2. Special requests shall only form part of the contract when they have been unreservedly accepted and confirmed in writing by & BEYOND YOGA.

 

3. Prices and payment terms

 

3.1. Prices

 

The prices of the travel arrangements are shown in the programme of & BEYOND YOGA. Unless otherwise stated in the wording of the price lists, the prices of the arrangements are quoted in Swiss franc per person, including accommodation in a double room. For price changes, refer to Art. 5.

 

3.2. Deposit

 

A deposit of CHF 500.- per person must be paid upon final acceptance of your booking by & BEYOND YOGA. This deposit is non-refundable. If & BEYOND YOGA does not receive the deposit on time, & BEYOND YOGA may refuse to provide travel services, cancel the contract and assert its right to receive a cancellation fee.

 

3.3. Payment of the balance

 

When you book you can pay the total amount or just the non-refundable deposit. The balance of the cost of the holiday must reach & BEYOND YOGA no later than 70 days before the date of commencement of travel. If payment is not made within that period, & BEYOND YOGA is entitled to refuse to provide the travel services, cancel the contract and to assert its right to receive a cancellation fee according to Art. 4. Unless otherwise agreed, travel documents will be released upon receipt of the full invoiced amount.

 

3.4. Last-minute bookings

 

If you book your holiday less than 70 days before departure, the total amount of the invoice must be paid at the time of booking.

 

4. Conditions of cancellation and amendment

 

4.1. General remarks

 

If you want to cancel the holiday or make a change or amendment, you must inform & BEYOND YOGA in person or in writing. In this case, the previously received travel documents must be returned all together to & BEYOND YOGA.

 

4.2. Cancellation fees

 

If you cancel your holiday less than 70 days before the departure date, or make any change or amendment to your reservation, the following cancellation fees shall be imposed:
69 to 30 days before departure: 50% of the holiday arrangement cost
29-0 days before departure: 100% of the holiday arrangement cost
No show, late arrival for departure or failure to bring travel documents, interruption of the holiday: 100% of the holiday arrangement cost.
In addition to these fees you may also have to pay telephone charges, documentation fees, etc., and cancellation fees for some services such as transport or other services.

 

4.3. Insurance for cancellation fees and repatriation costs

 

Each traveller can protect himself/herself against the consequences of a total or partial cancellation by acquiring private insurance cover for the costs of cancellation and repatriation (see Art. 9)

 

5. Amendments to the programme or to its price, cancellation of all or part of the holiday by the organiser

 

5.1. Amendments prior to the conclusion of the contract

 

& BEYOND YOGA expressly reserves the right to alter, prior to your booking, the information contained in its programmes, description of services and prices listed in its programmes and price lists. In the event of an amendment, & BEYOND YOGA shall inform you of these changes before the contract is concluded.

 

5.2. Price and programme amendments after the contract has been concluded

 

It is possible, in exceptional cases, that the agreed price is increased. Price increases may occur following

 

a) an increase in transport costs (including fuel prices) after the order confirmation;

 

b) the introduction or increase of taxes and official charges (e.g. airport taxes, landing, embarkation and disembarkation taxes etc.);

 

c) a change in exchange rates;

 

d) consecutive price increases due to official measures (e.g. Value Added Tax).

 

e) and when the minimum number of participants for a group holiday has not been achieved.

 

If the price of the services included in the holiday increases, the increase in cost may be passed on to the traveller. The price shall thus increase accordingly. & BEYOND YOGA shall apply the price increase at the latest 22 days before departure. If the increase exceeds 10%, the traveller can exercise his/her rights as stipulated in Art. 5.3.

 

 
 
Programme amendments : if, between conclusion of the contract and the departure date, it becomes necessary to make an important amendment to a significant element in the contract, you will be notified immediately. Your rights are listed in Art. 5.3.

 

5.3. Rights of the participating traveller if the programme or prices are amended after the contract has been concluded.

 

If changes to the programme or to some of the agreed services significantly modify an essential element of the contract or if the price increase exceeds 10%, you shall have the following rights:

 

a) you can accept the contract amendment;

 

b) you can cancel the contract in writing within 5 days of receipt of our communication and the amount already paid for the holiday will be refunded immediately ;

 

c) you can let us know within 5 days of receiving our communication that you would like us to offer you an alternative holiday of equivalent value. We will endeavour to offer you a holiday that suits you. If the proposed replacement holiday is less expensive than the original arrangement, the difference will be refunded. If it is more expensive, only the originally agreed price shall be paid. If you fail to instruct us within the meaning of subparagraphs b) or c) above, we shall assume that you accept the price increase, the programme amendment or the change to some of the agreed services.

 

5.4 Cancellation for reasons attributable to the participating traveller

 

& BEYOND YOGA is entitled to cancel all or part of the holiday if, by your acts or omissions, there is a justifiable reason. In this case, & BEYOND YOGA shall refund the amount already paid, less the amount for any services already received; any further claims on your part are excluded. Exceptions to this are cancellation fees pursuant to Art. 4 and all other claims for damages.

 

 

5.5. Minimum number of participants

 

All our holidays are calculated on the basis of a minimum number of participants, which may vary from case to case. If the number of people booked for a holiday is less than the minimum number of participants, & BEYOND YOGA can cancel the holiday at the latest within 15 days before the departure date. In this case, your rights are those mentioned in Art. 5.3; any further claims against & BEYOND YOGA are excluded.

 

5.6. Holiday interruption

 

If you are forced to interrupt or stop your holiday prematurely, you will not be refunded the cost of the holiday. In cases of emergency (illness or accident affecting the participant, serious illness or death of a close relative), the yoga teacher from & BEYOND YOGA, the guide from & BEYOND YOGA, the local branch of & BEYOND YOGA or the service provider will help you, as far as possible, organise your early return.

 

6. Special conditions for holidays to regions or countries at risk; cases of force majeure

 

6.1. Definition

 

The definition of regions and countries at risk is that given by the Federal Department of Foreign Affairs, FDFA, in its “Travel advice”, available on its website www.dfae.ch. Clearly, the criterion is whether the FDFA “advise against” travellers visiting a specific region or a country.

 

The risk may be: war, civil war, revolution, political, ethnic, social unrest, political instability, high levels of crime, a terrorist act, kidnapping, a large-scale accident, natural disaster, health situation, epidemic. These cases, provided that they are not known at the time of booking the holiday, may constitute force majeure, if they occur after booking the holiday.

 

6.2. Travelling to regions or countries at risk (not recommended by the FDFA) at the time of conclusion of the travel contract

 

When you book a holiday, we shall inform you before the conclusion of the contract if the region or the country to be visited is one of the countries at risk as defined above (i.e. if the FDFA advises against going there).

 

We will, in any case, refuse to organise a holiday if, according to our own information and information provided by our partners, we believe that a major danger, real and immediate, threatens the safety of the traveller, unless he/she accepts in full the risk and relieves the organiser from responsibility.

 

If you decide to take a holiday in a region or a country at risk (one that the FDFA advises against travelling to), and if we feel that this holiday can take place without major risks, real and immediate, we will arrange the holiday based on our best knowledge of the situation, using information provided by our local staff, whilst taking into account the recommendations of the FDFA. Equally in this case, the traveller fully accepts the potential risk and relieves the organiser from responsibility.

 

If, for reasons related to risk, you decide to cancel or interrupt your holiday, or if we have to cancel or interrupt your holiday, we shall fully apply the cancellation conditions provided in Art. 4.2.

 

We draw your attention to the fact that insurance will not cover any costs if the cancellation, repatriation or any other reason is attributable to the risks and if they are foreseeable.

 

6.3. Travel in regions or countries which become at risk (those that the FDFA has advised against travelling to) after conclusion of the travel contract

 

If in the time between booking the holiday and departure, new or increased risks arise in the countries or regions to be visited, and if travel to these countries and regions are then “advised against” by the FDFA, and if, for that reason, you want to cancel your holiday, or, for the same reasons, we are forced to cancel your holiday, we will refund only the costs that are not charged to us and will systematically retain, in addition, the amount of 20% of the holiday price to cover our own expenses.

 

If, after departure, the situation in the countries visited presents new or increased risks, and if, for that reason, you want to break your journey, or if, for the same reasons, we are forced to interrupt your holiday, we will refund only the costs that we are not charged and will systematically retain the amount of 20% of the holiday price to cover our own expenses.
We draw your attention to the fact that some insurance policies do not cover the expenses indicated above. Please contact the company to make specific enquiries.

 

6.4. Force majeure

 

If, between the conclusion of the travel contract and departure or during the holiday, a case of force majeure should arise, so sudden, unexpected and unpredictable (war, civil war, revolution, political ethnic and social unrest, political instability, high levels of crime, a terrorist act, kidnapping, a large-scale accident, a natural disaster, health situation, an epidemic), as to make the planned holiday impossible, we will refund only the costs that we are not charged and we will systematically retain, in addition, 20% of the holiday price to cover our own expenses.

 

7. Claims for compensation

 

7.1. Rights and duties in respect of claims for compensation.

 

If the holiday does not match what was contractually agreed or if you suffer an injury, you have the right and duty to immediately refer your claim to the yoga teacher, the guide, the local agency or the service provider with regard to the defect or the damage suffered and ask for it to be remedied free of charge.

 

7.2. The yoga teacher, the guide, the local agency or the service provider will make every effort to find a remedy within a period of time appropriate to the holiday. If no remedy is offered within a period of time appropriate to the holiday, or it is insufficient or if no form of compensation is possible, ensure that you receive written confirmation detailing the failure or the damage suffered and the lack of remedy by the yoga teacher, the guide, or the local representation or the service provider of & BEYOND YOGA. The yoga teacher, the guide, the local representation of & BEYOND YOGA or the service provider must record in writing the sequence of events and your claim. They are, however, not authorized to recognize any claim whatsoever for damages or other compensation that you may lodge. The above is a prerequisite for you to be able to assert your subsequent claim and also allows, in most cases, the reported fault to be remedied.

 

7.3. Personal action

 

If no compensation is provided to you within a period of time appropriate to the holiday and provided that it is not a minor fault, you are entitled to remedy the fault yourself. The costs you incur will be refunded as part of the services originally agreed (hotel category, means of transport, etc.) and on presentation of receipts, provided that you have lodged a claim with regard to the reported fault and have requested written confirmation (Articles 7.1 and 7.2 ; for the amount of damages, see Art. 8).

 

7.4. Lodging your claims with & BEYOND YOGA

 

If you wish to base your claim on a failure to perform, request a refund or seek damages against & BEYOND YOGA, you must send your claim to & BEYOND YOGA in writing within 30 days of the agreed end of the holiday. You will need to enclose confirmation from the yoga teacher, the guide, the local branch of & BEYOND YOGA or service provider as well as relevant supporting documents. If you fail to report a failure to perform or damage, or you fail to obtain written confirmation (Art. 7.2), you will lose all rights to assistance, reduction in the price of the holiday or any other claim. Similarly, this shall apply if you do not state your claims in writing to & BEYOND YOGA within 30 days of the agreed return journey.

 

8 Responsibility of & BEYOND YOGA

 

8.1. Overview

 

& BEYOND YOGA shall compensate you for the value of the services contractually agreed to but not provided or inadequately provided, or your additional expenses, to the extent that the yoga teacher, the guide, the local agency or provider of services have been unable to offer you, on-site, a replacement service of equivalent value (for the amounts with regard to claims, see Art. 8.2.4).

 

8.2. Limitations and exclusions of responsibility

 

8.2.1 International agreements and national laws

 

If international agreements or national laws provide limitations or exclusions to compensation for damages resulting from the non-performance or imperfect performance of the contract, & BEYOND YOGA is entitled to rely on these and its liability shall be limited in accordance with the provisions of the said agreements and legislation. There are, in particular, international agreements and national laws stipulating restrictions or exclusions of liability in regard to transport (air traffic, high seas, rail traffic).

 

8.2.2 Exclusions of liability

 

According to Art. 5 above, & BEYOND YOGA assumes no liability if the non-performance or imperfect performance of the contract is attributable to the following:

 

a) negligence on your part before or during the holiday;

 

b) unforeseeable or irreparable negligence attributable to a third party unconnected with the provision of the services in the contract;

 

c) in case of force majeure or an event that & BEYOND YOGA or the service provider could not foresee or prevent in spite of all due diligence. In this case, & BEYOND YOGA is relieved of any obligation to pay damages.

 

8.2.3. Personal injury, accidents and illnesses

 

& BEYOND YOGA is liable for personal injury arising from the non-performance or imperfect performance of the contract within the limits of these Terms and Conditions of Travel, and international agreements and national laws.
8.2.4 Other damage (physical, financial and others)

 

The liability of & BEYOND YOGA is limited to a maximum of twice the amount of the price of the holiday (per person) for material and financial damage resulting from the non-performance or imperfect performance of the contract, unless the damage results from gross negligence. This is without prejudice to the limitations or exclusions of liability stipulated in international agreements, national law and these Terms and Conditions of Travel. All liability for missed holidays, dissatisfaction etc. is excluded.

 

8.2.5. Flight schedules, boats, etc.

 

Punctuality of flight schedules, boats, etc. cannot be guaranteed. In spite of careful organisation, airplanes, ships, trains and other means of transport may be subject to delays or cancellations (transport congestion, accidents, administrative delays at customs, adverse weather conditions, etc.). These cases do not fall under the responsibility of & BEYOND YOGA. You must take into account possible delays when planning your holiday.

 

8.3. Optional programmes during the holiday

 

In addition to the agreed travel schedule, it may be possible to book activities, visits or excursions during the holiday, offered on site. It cannot be excluded that such events or excursions may involve some risk. Participation in such activities, events and excursions is therefore at your own risk. These Terms and Conditions of Travel shall apply with regard to excursions organised by & BEYOND YOGA. If & BEYOND YOGA, the yoga teacher, guide or service provider acts as an intermediary, the contract is concluded between the traveller and the local service provider. & BEYOND YOGA shall bear no liability for any damage etc.

 

8.4. Extra-contractual liability

 

Extra-contractual liability is governed by the legal provisions in force, subject to the limitations or exclusions of liability in these Terms and Conditions of Travel. In all cases of damage (except human damage), liability is limited to twice the price of the holiday per person, subject to lower limitations or exclusions of liability arising from these Terms and Conditions of Travel, international agreements or national legislation.

 

9. Insurance

 

If you cancel the contract with & BEYOND YOGA or if you interrupt your holiday, including in all the cases defined in Art. 6, you will have to pay a cancellation fee and possibly additional costs of repatriation. Therefore, insurance coverage for cancellation and repatriation costs is highly recommended. There are many insurance companies that cover cancellation and repatriation expenses each offering specific conditions. We recommend that you take out insurance that covers at least the following: cancellation or holiday interruption in case of accident, illness or death of the insured party or of a close relative, elemental damage to property (house or apartment), or when the insured party is essential to his work station and cannot be replaced, and all cases such as they are defined in Art. 6, para. 6.3. and 6.4. in particular.

 

We would expressly point out that insurance policies will, in general, not pay out for a claim for cancellation or holiday interruption unless this is covered in the insurance policy. In general, insurance policies will not cover situations if the causes of the cancellation or repatriation were known at the time of the conclusion of the contract. The fact that an insurance contract has been concluded does not release the traveller from his/her obligation to pay & BEYOND YOGA. Other travel insurance cover (theft, luggage, illness, accident, etc.) is also recommended.

 

10. Entry requirements, visa and health

 

10.1. Entry formalities into a country are your responsibility. & BEYOND YOGA advises that you make all necessary enquiries with regard to possible visa requirements several weeks before your holiday.

 

10.2. If travel documents need to be processed or a visa application must be made, it is your personal responsibility. If a travel document cannot be obtained or is issued too late and you are therefore forced to abandon the holiday, the cancellation clauses shall apply.

 

10.3. Travellers are personally responsible for observing entry, health and currency requirements. Check before departure that you have taken all the required documents.

 

10.4. & BEYOND YOGA wishes to make you aware that in case of refusal of entry into a country, repatriation costs are your responsibility. & BEYOND YOGA also specifically draws your attention to the legal consequences of the illegal importation of goods and other items.

 

11. Reconfirmation of air tickets

 

In the case of unaccompanied travel, you are personally responsible for reconfirming your onward or return flight, where applicable. Failure to reconfirm your flight may result in losing the right to transport which may lead to additional costs.

 

12. Applicable law

 

The contract with & BEYOND YOGA and yourself is subject to Swiss law.

 

13. Place of jurisdiction

 

For any dispute relating to contracts between & BEYOND YOGA and holiday participants, jurisdiction is in Sion.

 

14. Organisation and technical direction:

 

& BEYOND YOGA
Rue de l’Eglise 36
1966 St-Romain/Ayent

 

Ayent, December 2016