Emanuel Wintermeyer
Turiya Yoga
Herbartstrasse,12
60316 Frankfurt am Main
VAT ID: DE323513637
(hereinafter referred to as "Organizer") and our customers (hereinafter referred to as "Participant", collectively also referred to as "Parties").
1.2These GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. A consumer is according to § 13 BGB any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is according to § 14 BGB a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.3The Organizer's GTC apply exclusively. If the Participant uses conflicting or supplementary General Terms and Conditions, their validity is hereby objected to; they will only become part of the contract if the Organizer has expressly agreed to this.
1.4For entrepreneurs, the following applies additionally: Unless the parties agree otherwise, these GTC apply to the client in the version valid at the time of commissioning by the client or at least in the version last communicated to him in text form as a framework agreement also for similar future contracts, without the contractor having to refer to them again in each individual case. In individual cases, individually concluded framework agreements or other contracts with the client (including side agreements, additions and amendments) take precedence in any case and are merely supplemented by these GTC. Framework agreements or other contracts are supplemented by the present GTC if no individual regulations are made in the individual case.
2 Subject Matter of Contract
These GTC apply to all contracts for participation in yoga teacher training (hereinafter referred to as "Event" or "Yoga Training") of the Organizer, which the Participant concludes with the Organizer regarding the events presented on the Organizer's website and in the Organizer's business premises.
3Services of the Organizer
3.1The Organizer offers both in-person and online events. The content of the event can be found in the respective event description on the Organizer's website.
3.2In-person events take place in premises 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 premises for conducting the desired event, unless something else results from 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. For this purpose, the Participant needs in particular a suitable end device and access to the Internet as well as application software. The system requirements for participation in an online video event can be found by the Participant in the respective event description on the website. The Participant is responsible for meeting the technical system requirements. The Organizer's liability due to the absence of technical system requirements or in case of a defect thereof with the Participant is excluded.
3.4 The Yoga Training is a module system consisting of 5 modules. Each module includes 100 hours each, which must be completed within two years of registration. All modules can be booked individually or alternatively as a complete package. The individual modules build upon each other. After 200 and 500 hours respectively, a practical and theoretical examination takes place. The goal of the Yoga Training is the practical and theoretical teaching of yoga. After successful participation in the training and passing the final examination, the Participant receives a yoga teacher certificate. The certificate confirms to the Participant which module and which contents of the training were successfully completed and the number of hours completed. The Participant is obliged, in addition to the in-person events, to work through the contents of the Yoga Training as part of self-study in order to deepen their knowledge. The training times and training breaks are specified at the training location by the respective yoga teachers and may vary. The final examination of a module can be repeated once free of charge. If the Participant also fails the repeat examination, costs of 119.00 euros including statutory VAT will be charged for each further examination. If the Participant does not want to participate in a final examination, they can receive a certificate of participation about the participation in a module and the contents as well as the hours completed.
3.5The Organizer is not obliged to provide the services personally. They are entitled to involve third parties as subcontractors for the provision of the service. Furthermore, the Organizer may use one or more assistants to fulfill the contract. The Participant has no right to select a specific event leader for the selected event, unless something else results from the event description on the Organizer's website.
3.6The Organizer provides its contractual services with the greatest care and conscientiousness. 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 success or that the Participant will achieve a specific performance goal. This also depends not least on the personal commitment and will of the Participant, over which the Organizer has no influence.
4 Online Contract Conclusion
4.1 The presentation and advertising of the described events on the Website of the Organizer 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 website or in the Organizer's business premises.
4.2The Participant can submit an offer by filling out the online registration form integrated on the Organizer's website. The required data to be entered by the Participant for the offer results from the input mask of the online registration form. After entering the data in the online registration form and by clicking the button concluding the booking process "Order for a fee", the Participant submits a legally binding contract offer regarding the selected event. The Participant can correct their entries at any time before submitting their legally binding booking using the usual keyboard and mouse functions.
4.3The Organizer sends the Participant an automatic confirmation email immediately after their booking, in which the Participant's booking is listed again and which they can print using the "Print" function. The automatic confirmation email merely documents that the Participant's booking has been received by the Organizer. Such a confirmation does not yet constitute a binding acceptance of the booking, unless the acceptance is declared therein in addition to the confirmation of receipt.
4.4 The Organizer stores the contract terms including the GTC at contract conclusion while maintaining data protection.
4.5The contract text can be viewed by the Participant in their user account in the Organizer's system, provided the Participant has set up a user account before sending the booking. The booking data is stored in the Organizer's system and can be viewed and retrieved by the Participant using their access data in the password-protected user account.
4.6The Participant must ensure that the email address provided by them for booking processing is correct, so that emails sent by the Organizer can be received at this address. In particular, the Participant must ensure when using SPAM filters that all emails sent by the Organizer or by third parties commissioned by them for booking processing can be delivered.
Furthermore, the parties can conclude a contract regarding the services offered by the Organizer in the business premises with the simultaneous presence of both contracting parties. These General Terms and Conditions of the Organizer are handed over to the Participant at contract conclusion. The Participant must confirm the handover of the General Terms and Conditions by signature.
4.7The booking of the Yoga Training by the Participant is considered a binding contract offer. Unless something else results from the booking, the Organizer is entitled to accept this contract offer within ten (10) working days after its receipt by us.
4.8The Participant also receives a studio rules document at contract conclusion. By signing the studio rules, they declare that they have become aware of the existing studio rules and accept them.
4.9 Contract conclusion takes place exclusively in German language.
4.10If the Participant expressly declares to the Organizer to register additional participants for an event, the Participant undertakes to be liable for all claims existing in this context against the Organizer.
4.11If the parties have agreed on special conditions, these generally do not apply to simultaneously ongoing and future contractual relationships with the Participant.
5Right of Withdrawal
5.1 As a consumer, the Participant has a fourteen-day right of withdrawal in accordance with the legal provisions.
5.2 The right of withdrawal does not exist if the Organizer has fully provided the service, has only begun with the execution after the Participant has given their express consent thereto and has simultaneously confirmed their knowledge thereof that they lose their right of withdrawal upon complete contract fulfillment by the Organizer. The required consent declaration reads: "I agree and expressly demand that the Organizer begins with the execution of the commissioned service before the end of the withdrawal period. Furthermore, I am aware that I already lose my right of withdrawal with complete contract fulfillment by the Organizer."
5.3 Furthermore, the right of withdrawal does not exist according to § 312 g para. 2 sentence 1 number 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 Otherwise, the regulations for the right of withdrawal apply, which are detailed in the following:
If you want to withdraw from the contract, please fill out this form and send it back.
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date(*) Delete as applicable.6 Fees and Payment Terms
6.1Unless something else results from the Organizer's offer, the specified prices are total prices.
6.2If the Participant is a consumer, the Organizer's prices are understood in EURO and are gross prices including the statutory VAT applicable on the day of invoicing.
6.3 If the Participant is an entrepreneur, the Organizer's prices are understood in EURO and are net prices plus the statutory VAT applicable on the day of invoicing.
6.4 The participation fee can be paid either in one lump sum or in installments.
6.5 Various payment options are available to the Participant, which are specified in the Organizer's participant contract:
6.5.1In case of a one-time payment of the participation fee, the Participant can pay this in advance by bank transfer. The participation fee must be paid to the Organizer at the latest fifteen (15) days before the start of the Yoga Training, unless the parties have agreed on a later due date. For the timeliness of payment, the receipt of the participation fee in the Organizer's business account is decisive.
6.5.2 If installment payment has been agreed between the parties, the monthly installment is always due on the 1st or 15th of a calendar month, unless something else has been agreed between the parties. If the Participant is in default with more than one installment, the total amount becomes due in full.
6.5.3When selecting the payment method invoice, the participation fee becomes due for payment within seven (7) days after receipt of the invoice without deduction, unless something else has been agreed between the parties.
6.5.4When selecting the payment method SEPA direct debit, the fee becomes due after granting a SEPA direct debit mandate, but not before the expiry of the period for advance notification of payment. The direct debit collection does not take place before the expiry of the period for advance notification. Advance notification ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the Organizer to the Participant that announces a charge via SEPA direct debit. If the direct debit cannot be collected due to insufficient account coverage or due to providing incorrect bank details or if the Participant objects to the debit, although they are not entitled to do so, the Participant must bear the fees arising from the respective credit institution's chargeback if they are responsible for this. The Organizer reserves the right to conduct a credit check when selecting the SEPA direct debit payment method and to reject this payment method in case of a negative credit check.
6.6 For consumers, the statutory provisions on payment default apply. For each reminder after default occurs, the Organizer can demand 3.00 € (in words: three euros).
6.7 For Participants who are entrepreneurs: Upon expiry of the aforementioned payment period, the Participant is in default. The outstanding remuneration is to be charged interest during the default at the respective applicable statutory default interest rate. The Organizer reserves the right to assert further default damages. The Organizer's claim to commercial maturity interest (§ 353 HGB) remains unaffected vis-à-vis merchants.
6.8 Set-off rights are only available to the Participant if their counterclaims are legally established or undisputed and mutually connected with those of the Organizer or recognized by the Organizer.
6.9To the extent that the Participant is an entrepreneur, a right of retention of the Participant is excluded, unless the Participant's counterclaim arises from the same contractual relationship and is undisputed or legally established. To assert the right, written notice to the Organizer is required.
7 Participation Authorization and Contract Transfer
Only the person named in the registration confirmation is entitled to participate in the booked event. A contract transfer to a third party is not possible, unless something else has been agreed.
8Absence from Modules and Termination of Training
8.1If the course participant has missed individual course units of the training due to illness or injury, they can make up for these within 12 months, provided a free place is available in the corresponding course unit. The course participant must request a corresponding rebooking in writing. The Organizer charges an administrative flat rate of 75.00 euros including statutory VAT for this. Should no free place be available for the course participant in the course unit to be made up, the course participant will incur costs of gross 90.00 euros including statutory VAT for each training day to be repeated.
8.2 In the event that the course participant does not start the training on time, misses individual training days or terminates the training altogether, the course participant has no claim against the Organizer for reimbursement of the proportionally remaining costs. The Organizer must, however, have the value of the saved expenses as well as those advantages credited to them that the Organizer gains from alternative use of the service not taken up.
8.3In case of illness or health complaints of any kind, the training may not be started by the participant for insurance reasons. To the extent that the course participant suffers injuries and/or health complaints of any kind during their training, they have the possibility to compensate for the illness-related missed course units through theoretical follow-up of the lessons and additional written work. However, this only applies for a maximum of three days of a module.
9Withdrawal of the Organizer due to Failure to Reach Minimum Number of Participants
9.1 The Organizer is entitled to withdraw from the contract if the minimum number of participants of five (5) participants is not reached.
9.2 The Organizer must declare the withdrawal to the Participant at the latest fifteen (15) days before the start of the event in written or text form (letter or by email). Should it already be apparent at an earlier time that the minimum number of participants cannot be reached, the Organizer will immediately make use of their right of withdrawal.
9.3 The Participant receives the paid participation fee back after six to eight weeks (6 to 8 weeks), if they do not make use of their right to book at least an equivalent event from the Organizer's offer. The Participant must assert their claim for an equivalent other event immediately after receipt of the Organizer's withdrawal declaration to the Organizer.
10 Change or Cancellation of Event
10.1Changes or deviations of the event, concerning time, location, event leader and/or content or type (e.g. change of the offer from in-person to online event), which deviate from the contractually agreed content of the contract, which become necessary after contract conclusion and which were not brought about by the Organizer contrary to good faith, are only permitted to the extent that the changes or deviations are not significant.
10.2The Organizer must declare a change or deviation of an event according to paragraph 1 immediately after becoming aware of it to the Participant.
10.3 In case of a significant change in performance, the Participant is entitled to withdraw from the contract free of charge or to demand participation in another, at least equivalent event from the Organizer's program, if the Organizer is able to offer such an event. The Participant must assert the aforementioned rights immediately after the Organizer's declaration about the change of the event to the Organizer.
11Withdrawal of the Organizer
11.1The Organizer is entitled to withdraw from the contract for important reasons. Important reasons exist in particular when
11.2In the aforementioned cases, the Organizer will fully refund already paid participation fees. The Organizer will endeavor to arrange a replacement date in case of cancellation of the event. The Participant has no claims for damages.
12 Termination for Behavioral Reasons
The Organizer can terminate the contract without observing a notice period if the Participant persistently disturbs the event despite a warning from the Organizer or behaves in such a way that is 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 rules applicable in the Yoga school. In this case of termination, the Organizer retains the claim to the training costs. However, the Organizer must have the value of the saved expenses as well as those advantages credited to them that the Organizer gains from alternative use of the service not taken up.
13Usage Rights
13.1All copyright usage rights remain with the Organizer regarding the necessary event and teaching materials provided to the Participant for conducting the event.
13.2All rights, in particular the transfer, distribution, reproduction or public accessibility 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.
13.3Event and teaching materials may only be used by the Participant for private purposes.
14Liability
14.1 With regard to the services provided by the Organizer, the Organizer, their legal representatives and their vicarious agents are only liable for intent or gross negligence.
14.2For self-inflicted accidents of the Participant, liability of the Organizer is excluded.
14.3 In case of violation of essential contractual obligations, liability also exists for simple negligence, but limited to the foreseeable, contract-typical damage.
14.4 Essential contractual obligations are those obligations that the contract imposes on the Organizer according to its content to achieve the contract purpose, the fulfillment of which first enables the proper execution of the contract and on whose compliance the Participant may regularly rely (so-called cardinal obligations). Claims for damages from the violation of life, body or health as well as under the Product Liability Act remain unaffected by the above limitations.
14.5 Otherwise, liability of the Organizer is excluded.
15Force Majeure
15.1The 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 circumstances of force majeure after contract conclusion.
15.2Circumstances of force majeure include for example war, strike, riots, expropriations, orders from higher authority, pandemics, cardinal legal changes, storm, floods and other natural disasters as well as other circumstances not attributable to the Organizer, in particular water damage, power failures and interruptions or destruction of data-carrying lines.
15.3 The Organizer will inform the Participant about the occurrence of a case of force majeure immediately in an appropriate form.
15.4To the extent that a change in time (= of the period of the booked participant modules) according to clause 10.1. of these General Terms and Conditions due to reasons mentioned in clause 15.2. of these General Terms and Conditions should be significant, the Organizer has the right to name a replacement date for the respective modules to the Participant. The Organizer is obliged in this case to name at least two (2) replacement dates to the Participant, which must fall within a period of six (6) months or shorter after the originally agreed period. The Organizer does not lose their remuneration claim and their claim for reimbursement of expenses in the cases according to clause 15.4. of these General Terms and Conditions if they name at least two (2) replacement dates to the Participant according to this regulation. The payment claims of the Organizer also do not expire if they propose the required replacement dates to the Participant according to clause 15.4. of these General Terms and Conditions, but the Participant does not attend or confirm any of these dates. Should the modules also not be able to take place at the replacement dates due to force majeure, the remuneration claims of the Organizer against the Participant expire. Clause 15.1. of these General Terms and Conditions remains unaffected.
16Confidentiality and Data Protection
16.1The Organizer undertakes to maintain confidentiality about all business and trade secrets of the Participant during the duration of an event and also after its termination.
16.2The Organizer collects, processes and stores the data of the Participant necessary for business processing. When processing the personal data of the Participant, the Organizer observes the legal 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 fulfillment of the contract. Further details can be found in the Organizer's privacy policy available in the online offer.
16.3The Organizer undertakes not to process personal data without authorization. Personal data may therefore only be processed if consent is given or a legal regulation permits or prescribes the processing.
16.4If and to the extent that the Organizer processes personal data of the Participant on behalf of the Organizer in the context of service provision, the parties will conclude a market-standard agreement for data processing on behalf of the Organizer according to Art. 28 GDPR before the start of processing.
16.5The Participant receives information about the data stored about their person at any time upon request.
16.6 Otherwise, the statutory data protection provisions apply, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act new version (BDSG-neu) and the Telemedia Act (TMG).
16.7The Organizer has the copyrights to all images, films and texts published on their website. The use of the images, films and texts is not permitted without the express consent of the Organizer.
17 Alternative Dispute Resolution
17.1For 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.
17.2 We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board/universal arbitration board.
18Final Provisions
18.1 For these GTC and the contractual relationship between the parties, the law of the Federal Republic of Germany applies, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
18.2If the Participant is a consumer and does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the Organizer in Frankfurt am Main.
18.3 If the Participant is a merchant within the meaning of the Commercial Code, entrepreneur within the meaning of § 14 BGB, legal person under public law or a public law special fund, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the business location of the Organizer in Frankfurt am Main. The Organizer is also entitled in all cases to file a lawsuit at the place of performance of the service obligation according to these GTC or a priority individual agreement or at the general place of jurisdiction of the Participant. Priority legal provisions, in particular regarding exclusive jurisdictions, remain unaffected.
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