General Terms of Sale
Liability waiver for physical practice
Disclaimer for retreat guests
To see guidance before booking go to Question + Answers
Please read through these terms referring to liability, disclaimers, privacy and general terms of sale before staying or practicing at Yoga Beach House or with Rachel Hanberry Yoga or with any of our partnerships.
PARTIES: These conditions apply to all legal relationships between customers, business partners and agents (client) with YOGA BEACH HOUSE or RACHEL HANBERRY YOGA (organiser). Any person physical or moral wishing to proceed to a purchase via the website of YOGA BEACH HOUSE or RACHEL HANBERRY YOGA, in person or via a third party hereafter called the client.
CHANGES: The organiser keeps the terms under regular review and the latest terms will be updated to this this web page. These terms were last updated on 13/02/2019
ACCEPTANCE: The acquisition of a good or of a service for one of the products or activities described on our website, www.yogabeachhouse.com or www.rachelhanberry.yoga the client implies an unconditional acceptance of these terms.
REGISTERING: After a registering a purchase the participant will receive a confirmation. This confirmation will be sent via email. The reservation is official at the moment the total balance has been paid. The registration may be made in writing, verbally, by telephone or online via the websites third party booking system. Registration shall also be valid for all participants listed in the registration, for whose contractual obligations the applicant is liable just as for his own obligations, unless he explicitly and separately declares otherwise.
PRICES & PAYMENT: All prices are being displayed in euros and need to be paid in euros unless quoted or demanded otherwise. Payments can be made by bank transfer or a payment card such as Visa or MasterCard via a secure third party merchant provider. All up to date prices for activities stated on the website.
VAT: Prices are exclusive of TVA being a business declared non applicable, article 29.
ACCOUNT PAYMENTS: Clients can make payments on account and these maybe in credit or debit with the organiser. Account payments can be used to pay for services and products.
LIABILITY WAIVER FOR PHYSICAL PRACTICE
I agree that the organiser is in no way responsible for the care of my belongings while I attend class or during my visit to Yoga Beach House or associated offerings.
I understand that the classes can be physically demanding and I voluntarily participate in them in full knowledge and at my own risk in terms of injury, loss of property or death.
I agree that neither I, my heirs, assigns or legal representatives will continue or make any other claim of any nature whatsoever against its members or injury, property damage / loss or wrongful death, that it is caused by my negligence or otherwise.
I accept that photos and videos maybe taken during the class or during the training retreat and unless I expressly decline my permission, which I can do at any time, I give permission for Yoga Beach House to use for direct marketing purposes including social media and blog posts.
During the yoga classes the participant benefits from the Responsabilité Civil Professionnelle of the practicing yoga teacher. It is expected that each participant has their own responsabilité civil personnel.
The use of drugs (as stated in article 627 du code de la santé publique) at YOGA BEACH HOUSE is strictly forbidden. Ignorance of this prohibition shall lead to exclusion of further participation without refund.
The organiser can not be made responsible for any intentional damage or theft of objects caused by one of the clients during their visit.
In case of a booking where the session has expired or non participation of one of the activities. The organiser is not obliged to refund or compensate in any manner for the services not made use of due to the clients fault, non participation.
It is not possible to sign a complaint against the assigned and agreed price. It is the responsibility of the guest to look into the price and agree to the price before reserving and to realise that the price includes a combination of activities or not.
Children to be accompanied by a parent/guardian also practicing at the same class and obtain a valid pass.
DISCLAIMER FOR RETREATS + TRAININGS:
It is your responsibility to let us know if you have any injuries and to be mindful at all times of your own body’s capability during the retreat. If you experience any injury or discomfort during any activity during the training, then you must stop immediately.
It is your responsibility to consult a doctor with an understanding of yoga to check that you are sufficiently fit and healthy to undertake yoga and other physical activities that you may participate in whilst on the training.
It is your responsibility to advise the organiser of any mental or physical health conditions and dietary requirements upon enrolment to the retreat. If you have health conditions and dietary requirements that may be affected by the activities offered on our retreats we reserve the right to advise you to not participate in certain activities during the retreat.
There is no doctor on site and so your health and safety are your responsibility at all times during the retreat.
If you have a problem during your training, please let us know and we will endeavour to put things right. Please note that we cannot be responsible for the individual behaviour of any group member or other guest sharing your accommodation.
We reserve the right to amend the running order of the training or retreat and/or any component of the offering at any time.
Additional Terms relating to: ACCOMMODATION (including YOGA RETREATS, RESIDENT TRAININGS, PRIVATE RETREATS)
RESERVATION DEPOSIT: Unless stated otherwise the first 500€ of any payments towards a one week yoga retreat or resident program (including retreats less than one week) is deemed as non-refundable reservation deposit except for the first 10 days where it is subject to the “cooling off” clause - see below. If the retreat is more than one week the deposit is scaled by 250€ per week. For example, a 3 week training costing 3000€, the first 1000€ payment would form the non refundable part. (500+250+250=1000)
DURATION OF STAY: Except when otherwise stipulated, duration of the stay is as stipulated in the confirmation email. Pillows, blankets, towels and bedsheets are included in the price.
ARRIVAL & DEPARTURE: Unless stated otherwise, check in is Sunday from 18h00. Check out on Saturday 12h00 .
EARLY OR LATE ARRIVAL: Please ask in advance if you wish to arrive early or late, and inform of your estimated time of arrival. We prefer you arrive on time, not early or late. The house is walking distance to shops, cafes which can occupy yourself if you arrive early.
PETS: Sorry, we do not allow pets to accompany clients on retreat at YOGA BEACH HOUSE unless by prior agreement.
SECURITY DEPOSIT (CAUTION): For the purpose of accommodation a security deposit of 500€ is required per guest, which is held on account (not charged) with our prior consent.
DAMAGES & BREAKAGES: Should you break something please communicate any breakages during your stay and not at the end. You are responsible and liable for any breakages or damages which you cause to the accommodation. Your rooms are thoroughly checked prior to you arriving and will have no damage or breakages of any description unless verbally confirmed by us with you before. Thus having read and accepted these terms any damage found by us to rooms will be paid for by the person whose name appears on the booking payment. We do not normally charge for minor breakages, but we may send you an invoice for repair or making good if the damage or breakage is significant.
COOLING OFF PERIOD: All purchases over 1000€ are subject to a cooling off period of 10 days where 100% unconditional refunds will be given if the purchaser has changed his/her mind. This does not apply to ‘last minute’ bookings where the course fee is paid less than 30 days before the course start date.
MODIFICATION: A booking can be moved to another program free of charge within the same calendar year subject to availability and any price increase. It may be possible to suggest another person that will come in your place, that is not already a client, nor booked with us and is a suitable guest for the event. Any modifications are solely at the management's discretion and is not implied. Otherwise the following refund policy will apply.
REFUND POLICY: Cancellations made by clients more than 60 days before arrival is entitled to a 75% refund with any down payment being seen as a reservation deposit (above) and non refundable. Cancellations less than 59 days are considered as follows;
Between 60 and 46 days before arrival: a refund of 50 % of the total amount
Between 45 and 21 days before arrival: a refund of 25 % of the total amount
20 days or less before arrival: a payment of 0% of the total amount
The official moment of cancelation will be the moment where we receive your cancelation in writing by email.
CANCELLATION BY THE ORGANISER: We would only cancel your stay for reasons beyond our control or a system error by a third party. In this rare exceptional circumstance, we would attempt to offer you an alternative solution. If this was not possible, or unacceptable to you, then we would refund 100% any payments made to the organiser. Our liability would not extend beyond this refund.
TRIP INSURANCE: We advise clients to have adequate insurance cover to the need for cancellation by the guest due to unfortunate circumstances. Any cancellations due to travel disruption or sickness is the responsibility of the client.
LIABILITY: We do not accept any liability for any damage, loss or injury to clients or any vehicles or possessions. You agree to be here at your own risk and take reasonable precautions for your own safety and security. Your personal property, including baggage, is your own responsibility at all times, unless any loss or damage is due to our negligence or failure to carry out our responsibility. Please note that a yoga holiday is not the place to bring expensive watches, jewellery or other precious items, which may not be covered by your insurance. The organiser is not responsible for accidents, damage or loss of items and people, death of participants in any way during your stay.
PRE-REQUISITES: Clients are over aged 21 and are in good physical and mental well being and will declare any medications or on going treatment at the time of enrolment with the organiser whether expressly asked or not.
OFFSETTING/RIGHT OF RETENTION: Complaints against the organiser can only offset with undisputed or legally binding claims. Likewise, the right to withhold a right of retention does not apply, unless their claim comes from this contractual relationship and is undisputed and legally established. An assignment of the participant’s claims against the organiser from this contractual relationship is prohibited.
SEVERABILITY CLAUSE: Only these terms are applicable to the client. Other terms will not be accepted and valid, even if the organiser does not explicitly object to them. Contrary terms of the participant are not recognised. The invalidity of individual terms of this contract or of the terms does not lead to the ineffectiveness of the entire contract.
INTELLECTUAL PROPERTY: The name and logo of YOGA BEACH HOUSE are both registered as trademarks at the INPI (French National Institute of Industrial Property) and all elements of YOGA BEACH HOUSE + RACHEL HANBERRY YOGA websites are and will remain the intellectual and exclusive property of the organiser. Nobody is authorised to reproduce, to exploit, to repeat, or use, even partly, elements of the website, social media (contents, visuals or sounds) without prior consent and adequate referencing.
IMAGE RIGHTS: When booking with us, unless you express in writing at the time of booking, you allow Yoga Beach House and RACHEL HANBERRY YOGA to use photos and/or videos which you may appear in taken during your visit for the fulfillment of promotional material and social media without financial compensation or prior notice. A
COMPLAINTS: We prefer you communicate during your stay so that we can resolve or explain any complaints that are arising for you. However, if this is not possible, officially. according to Journal Officiel des Consommateurs Européens LI158 et des directions du Conseil, the guest has to file a written complaint which informs the organiser about any complaints or remarks which have to do with his stay and while making use of our services/activities of the organiser. All complaints have to be sent to the management of the organiser in written form within 15 calendar days after the visit.
JURISDICTION: Despite the owners being English and the retreat centre being international we are physical based and reside in France. Therefore, all disputes arising from this legal relationship are governed by French law.
DATA, PRIVACY + COOKIES: The organiser takes your privacy seriously and is committed to protecting your privacy. The organiser does not share any personal information with any third parties nor rent, sell, disclose or distribute your information to any outside parties.
DATA: The organiser collects different information in order to help us improve the services and products we offer and to provide unique personalised services and products to each user. You are under no obligation to provide any personal data however, other than your name and email address. We may ask for further information from you in order to obtain a better understanding of how the organiser can improve our offering to you. In all instances it is entirely your choice whether or not to provide information.
THIRD PARTY INTEGRATIONS: We use booking systems MINDBODY + ACUITY + WETRAVEL to gather and store booking information. We use MAILCHIMP to manage email marketing lists and PAYSAFE, STRIPE or MANGOPAY to process payments depending on the purchase. Billing info provided to PAYSAFE, STRIPE or MANGOPAY is masked from YOGA BEACH HOUSE and payments are processed through a secure merchant gateway partnership integration. Clients can find individual privacy policies for these integration on their individual websites to show how they manage your data on our behalf. You can log into your account on these integrations to view the information you have provided the organiser at any time or request it by contacting us by email.
MARKETING: We would like to send you information about products and services of ours which may be of interest to you. When you opt in for a complimentary or paid product or service you also consent to be added to our mailing list as is explicitly stated in the opt in form. If you have consented to receive marketing, you may opt out at a later date by unsubscribing from the email list. You have a right at any time to stop us from contacting you for marketing purposes.