GENERAL TERMS AND CONDITIONS
Article 1: Definitions
Participant: the person with whom Green Heart has entered into an agreement to attend an
Event / Events: clinics, (day) retreats and other gatherings offered by Green Heart.
Article 2: Applicability
These general terms and conditions apply to all offers, quotations and agreements between Green Heart and the Participant, as well as to additional and follow-up assignments.
Article 3: Registration; Agreement
Registration for an Event or coaching programme offered (online) by Green Heart takes place by completing and submitting the registration form available on the website www.green-heart.es. Registration is final when Green Heart has confirmed the registration electronically. Upon confirmation of the registration by Green Heart, an agreement is concluded between Green Heart and the Participant.
Article 4: Performance of the Agreement
1. Green Heart will perform the agreement to the best of its ability. Green Heart provides no (medical) guarantee regarding the effect and outcome of the Events or coaching with respect to the Participant’s physical and mental condition.
2. The agreement between Green Heart and the Participant is personal and non-transferable.
3. Green Heart is entitled to have certain activities in performance of the agreement carried out by third parties.
4. The Participant shall ensure that all information which Green Heart indicates is necessary, or which the Participant reasonably should understand to be necessary for the performance of the agreement, is provided to Green Heart in a timely manner. If the information required for performance of the agreement is not provided to Green Heart in time, Green Heart is entitled to suspend performance of the agreement and/or charge the Participant the additional costs resulting from the delay at the then customary rates. The performance period will not commence until the Participant has made the information available to Green Heart.
5. Participation in Events is entirely at the Participant’s own risk. The Participant remains responsible at all times for his/her physical and mental health.
Article 5: Payment Terms
1. After the agreement between Green Heart and the Participant has been concluded, Green Heart will send an invoice to the Participant.
2. For all Events and coaching programmes, with the exception of the multi-day retreat abroad, the following applies: the Participant shall pay Green Heart’s invoice within 14 days of the invoice date. If the invoice date falls within 14 days of the start date of the Event, the invoice must be paid no later than before the Event.
3. For the (multi-day) retreat abroad, the final payment deadline for the remaining balance is 6 weeks before the start of the Event.
4. If the invoice is not paid on time, the Participant’s right to participate in the Event will lapse, without this releasing the Participant from the obligation to pay the invoice in full.
Article 6: Withdrawal; Cancellation
1. The Participant may cancel the agreement between Green Heart and the Participant without stating reasons up to 14 days after the agreement has been concluded, by sending an email or otherwise contacting Green Heart. The amount paid by the Participant will then be refunded within 14 days after cancellation. If the Participant cancels the agreement more than 14 days after the agreement has been concluded, the Participant remains liable for the full invoice amount (with the exception of the multi-day retreat abroad—see Article 6.2).
2. For the (multi-day) retreat abroad: if the Participant cancels after 14 days from registration and up to 8 weeks before the start of the Event, 50% of the full invoice amount will be charged. From 8 weeks before the start of the Event, the Participant is liable for the full amount.
3. If the agreement is concluded within 14 days before the start of the Event, the Participant declares, by registering and accepting these general terms and conditions, that she expressly consents to performance of the agreement within 14 days after the agreement has been concluded and that she waives the right of withdrawal.
4. If, in Green Heart’s opinion, there are insufficient registrations for an Event, or in the event of illness or force majeure affecting Green Heart, Green Heart reserves the right to reschedule the Event to another time or to cancel the Event. In the event of cancellation, the amount already paid for the relevant Event will be refunded by Green Heart to the Participant within 14 days after cancellation.
Article 7: Confidentiality
All personal information provided by the Participant to Green Heart is confidential.
Article 8: Copyright and Ownership
1. The (intellectual) ownership of the material used during Events rests with Green Heart. This material is intended for personal use only and may not be reproduced or distributed without Green Heart’s prior written consent.
2. Texts in, among other things, newsletters, emails and on the website may not be distributed or reproduced without Green Heart’s prior written consent.
Article 9: Liability
1. The Participant is at all times responsible for his/her personal belongings. Green Heart is not liable for loss, theft of, or damage to the Participant’s personal belongings or personal injury to the Participant, unless there is intent or gross negligence on the part of Green Heart.
2. The Participant shall indemnify Shanti Studio against damage he/she causes to third-party property.
3. Except in cases of intent or gross negligence, Green Heart’s liability on any grounds whatsoever is limited to compensation of the direct damage up to a maximum of the price agreed under the relevant agreement between Green Heart and the Participant, including VAT.
4. Green Heart is not liable for indirect damage such as consequential damage, loss of profit, missed savings, reduced goodwill, damage due to business interruption, etc.
Article 10: Miscellaneous Provisions
1. Deviations from these general terms and conditions shall only apply between Green Heart and the Participant if they have been agreed in writing between them.
2. If one or more provisions of these general terms and conditions are at any time wholly or partially void or are annulled, the remaining provisions of these general terms and conditions shall remain in force. Green Heart and the Participant will then consult with each other in order to agree on new provisions to replace the void or annulled provision(s), taking into account, as far as possible, the purpose and intent of the original provision(s).
3. Dutch law applies to the agreement between Green Heart and the Participant.
4. Disputes that may arise in connection with an agreement between Green Heart and the Participant shall be submitted exclusively to the competent court in Malaga, Spain.
