GTC | Stretching Panda

General Terms and Conditions (GTC)

General Terms and Conditions with Customer Information

Table of Contents:

Scope of Application
Services Provided by the Provider
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Content of Services and Educational Materials
Warranty for Defects
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Hélène Todorova, trading under "stretchingpanda" (hereinafter "Provider"), apply to all contracts for participation in online live courses and the delivery of digital content (hereinafter "Services") that a consumer or business person (hereinafter "Customer") concludes with the Provider regarding the Services displayed on the Provider's website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A business person within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the execution of a commercial or independent professional activity when concluding a legal transaction. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 Digital content within the meaning of these GTC is all data that is not stored on a physical data carrier, which is produced in digital form and provided to the Customer by the Provider, subject to certain usage rights as more precisely regulated in these GTC.

1.4 The subject matter of the contract may, depending on the service description of the Provider, be either the one-time provision of services or the provision of services through recurring performance (hereinafter "subscription contract"). In the case of a subscription contract, the Provider undertakes to provide the contractually owed service to the Customer for the duration of the agreed contract period at the contractually agreed time intervals.

2) Services Provided by the Provider

2.1 The Provider provides its services through qualified personnel selected by it. The Provider may also use the services of third parties (subcontractors) who act on behalf of the Provider. Unless otherwise specified in the descriptions of the Provider, the Customer has no claim to the selection of a specific person to provide the contracted service.

2.2 The Provider provides its services with the utmost care and to the best of its knowledge and belief. However, the Provider does not guarantee any specific results. In particular, the Provider does not warrant that a specific learning outcome will be achieved by the Customer or that the Customer will achieve a specific performance goal. This also depends on the personal effort and will of the Customer, over which the Provider has no influence.

3) Conclusion of Contract

3.1 The services described on the Provider's website do not constitute binding offers by the Provider, but rather serve as a binding offer by the Customer.

3.2 The Customer can submit their offer using the online form provided on the Provider's website. After entering their data into the form, the Customer makes a legally binding offer to enter into a contract regarding the selected service by clicking the button that completes the registration process.

3.3 The Provider may accept the Customer's offer within five days:

by sending the Customer a written confirmation of registration or a confirmation of registration in text form (fax or email), whereby the receipt of the confirmation of registration by the Customer is decisive, or
by requesting payment from the Customer after the Customer has submitted their contract declaration.

If several of the above-mentioned alternatives are available, the contract is concluded when one of the above-mentioned alternatives occurs first. If the Provider does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent. The same applies if the online live course selected by the Customer begins before the end of the acceptance period, and the Provider does not accept the Customer's offer at least 24 hours before the start of the course, unless otherwise agreed between the parties.

3.4 When an offer is submitted via the online form on the Provider's website, the text of the contract is stored by the Provider after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) following the submission of the Customer's offer. The Provider does not make the contract text accessible beyond this.

3.5 Before submitting a binding offer via the online form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.

3.6 The German language is exclusively available for the conclusion of the contract.

3.7 Communications from the Provider regarding the processing of the contract typically take place via email. The Customer must ensure that the email address provided by them for submitting the offer is correct so that emails sent by the Provider can be received at that address. In particular, the Customer must ensure that the use of spam filters does not prevent the delivery of emails sent by the Provider or by third parties commissioned by the Provider to process the contract.

4) Right of Withdrawal

Further information on the right of withdrawal can be found in the Provider's cancellation policy.

5) Prices and Payment Conditions

5.1 Unless otherwise specified in the service descriptions of the Provider, the prices stated are total prices that include the statutory value-added tax.

5.2 The Customer has various payment options, which are indicated on the Provider's website.

5.3 If payment is made using a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragree... or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywa....

6) Content of Services and Educational Materials

6.1 The Provider is the owner of all usage rights required for the provision of the services. This also applies to educational materials that may be provided to the Customer in connection with the provision of the service.

6.2 Any educational materials accompanying the service (e.g., instructional materials) will be provided to the Customer exclusively in electronic form via email or for download. Unless otherwise agreed, the Customer has no entitlement to receive the educational materials in physical form.

6.3 The Customer may use the content of the services, including any educational materials provided, only to the extent necessary to achieve the purpose of the contract agreed upon by both parties. Without the separate permission of the Provider, the Customer is not authorised, in particular, to record the content of the services or parts thereof or to reproduce, distribute, or make the educational materials publicly accessible.

7) Warranty for Defects

Statutory warranty provisions apply.

8) Liability

The Provider's liability to the Customer for damages and expenses, regardless of the legal basis, is as follows:

8.1 The Provider is fully liable

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body, or health,
based on a guarantee promise, unless otherwise regulated,
based on mandatory liability such as under the Product Liability Act.

8.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the typically foreseeable damage typical for the contract, unless unlimited liability applies according to the above paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.

8.3 In all other respects, the Provider's liability is excluded.

8.4 The above liability provisions also apply with regard to the Provider's liability for its vicarious agents and legal representatives.

9) Applicable Law

9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2 Furthermore, this choice of law regarding the legal right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of concluding the contract and whose sole place of residence and delivery address are located outside the European Union at the time of concluding the contract.

10) Alternative Dispute Resolution

10.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The Provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Terms and Conditions for Retreat Booking

1. Booking & Payment

A non-refundable deposit of 50% of the total retreat cost is required to secure your booking. This deposit must be paid at the time of booking.
The remaining balance must be paid 30 days prior to the retreat start date.
Bookings made within 60 days of the retreat start date require full payment at the time of booking.

2. Cancellation Policy

Cancellations made 60 days or more before the retreat start date will receive a refund of any payments made, excluding the deposit.
Cancellations made less than 59-31 days before the retreat start date will result in a loss of 70% of the total payment.
Cancellations made less than 30 days before the retreat start date will result in a loss of 100% of the total payment.
In the event of a cancellation by the organizer, a full refund will be issued, including the deposit.

3. Changes to Booking

If you wish to transfer your booking to another individual, you must notify the organizer in writing at least 30 days before the retreat. Transfers may incur an additional administrative fee.
Any changes to the retreat schedule or location by the organizer will be communicated as soon as possible. We reserve the right to make such changes if necessary.

4. Travel & Insurance

All participants are responsible for their own travel arrangements, including flights and transfers to and from the retreat venue.
We strongly recommend that participants obtain comprehensive travel insurance to cover trip cancellation, medical expenses, and any other unforeseen circumstances.
The organizer is not responsible for any delays, cancellations, or changes to travel arrangements.

5. Health & Safety

Participants are responsible for ensuring that they are physically and mentally fit to participate in the retreat activities.
Please inform the organizer of any medical conditions or dietary restrictions at the time of booking.
The organizer reserves the right to refuse participation if it is deemed unsafe for the participant or others.

6. Liability

The organizer is not responsible for any personal injuries, illnesses, losses, or damages incurred during the retreat.
Participants agree to participate in the retreat activities at their own risk.
The organizer reserves the right to modify or cancel retreat activities if deemed necessary for safety reasons.

7. Code of Conduct

Participants are expected to maintain respectful and mindful behavior throughout the retreat.
The organizer reserves the right to dismiss any participant whose behavior is deemed inappropriate or disruptive without refund.

8. Privacy & Data Protection

Any personal information collected during the booking process will be used solely for the purpose of administering the retreat and will not be shared with third parties without your consent.
Photographs or video taken during the retreat may be used for promotional purposes. If you do not wish to be included, please notify the organizer in advance.

9. Force Majeure

The organizer is not liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond reasonable control, including but not limited to natural disasters, war, strikes, or government restrictions.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Federal Republic of Germany. Any disputes arising from the retreat will be subject to the exclusive jurisdiction of the courts of Munich (Bavaria).

By booking a place on the retreat, you confirm that you have read, understood, and agree to these Terms and Conditions.

Terms and Conditions for a private / Group Yoga Session or Breath & Sound Healing Session or Somatic Bodywork Session Booking

1. Booking & Payment

All sessions must be booked in advance and paid via PayPal or bank transfer.
Payment must be made in full at the time of booking to secure your place in the session.
A confirmation of your booking will be sent once payment has been processed.

2. Cancellation & Refund Policy

Cancellations made 48 hours before the session will receive a full refund or the option to reschedule to a future date.
Cancellations made within 24 hours of the session are non-refundable and cannot be rescheduled.
If the organizer cancels or reschedules the session, participants will have the option to receive a full refund or transfer to an alternative date.

3. Rescheduling

You may reschedule your session up to 48 hours before the start time. After this time, rescheduling will not be possible.
Sessions rescheduled within the permitted timeframe will not incur an additional fee.

4. Health & Medical Disclaimer

By booking a session, you confirm that you are physically fit and able to participate in the activities involved in the session.
It is your responsibility to consult a healthcare provider before starting any new exercise or healing practice, especially if you have pre-existing medical conditions, are pregnant, or are taking medication.
Please inform the instructor of any relevant medical conditions, injuries, or concerns prior to the start of the session.
The organizer/instructor is not liable for any injuries, health conditions, or accidents that occur during the session. You participate at your own risk.

5. Session Conduct

Participants are expected to behave respectfully and mindfully towards the instructor and other participants.
The instructor reserves the right to refuse participation or remove anyone from the session if their behavior is deemed disruptive or inappropriate.
Late arrivals may not be allowed into the session, and no refund will be issued for missed time.

6. Liability Waiver

By participating in the session, you agree that the organizer and instructor are not responsible for any personal injuries, loss, or damage to personal property incurred during the session.
The instructor is not responsible for any injuries that result from failure to follow instructions during the session.

7. Use of Personal Information

Any personal information collected during the booking process will be used solely for administrative purposes and will not be shared with third parties without your consent.
Photographs or videos taken during the session may be used for promotional purposes. Please notify the organizer if you do not wish to be included in any media.

8. Force Majeure

The organizer is not liable for any cancellations, rescheduling, or changes caused by events outside of their control, such as natural disasters, government restrictions, or other unforeseen circumstances.
In such cases, participants will be offered a full refund or the option to reschedule to a future session.

9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Federal Republic of Germany, and any disputes will be subject to the exclusive jurisdiction of the courts of Munich (Bavaria).

By booking a private / group yoga or breath & sound healing or somatic bodywork session, you confirm that you have read, understood, and agree to these Terms and Conditions.

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General Terms and Conditions (GTC)

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