Article 1: Application
These general conditions are applicable on the agreement of organizing a yoga retreat. This falls under the Belgian law about Organizing Travel and mediating in Travel.
Article 2: Offer and Promotion
- The information on the website http://onehappyyogatravel.com are binding Adriana Stan, unless:
- Changes to this information are being communicated clearly, written (by e-mail) and timely (before the offered event takes place) to the traveler;
- Changes are made to the offer at the time of booking and both parties agree in written consent (by e-mail)
- Adriana Stan needs to temporarily or permanently cancel a certain offer, due to circumstances
- The offer on the website is valid until out-of-stock (when a yoga retreat gets fully booked)
Article 3: Information from Adriana Stan
Adriana Stan is obliged to:
- Communicate to the travellers in written (by e-mail) before the booking takes place:
- General information about passports, visas and health precautions which are necessary during travelling or during their stay in the chosen location, so the travellers can prepare their journey properly. It is the traveler’s responsibility to act upon the advises which Adriana Stan is giving. Non-Belgian citizens need to check with their own authorities to find out what visa requirements are applicable;
- Information about the need to have your own insurance (annulation, travel or health insurance
- Inform the travellers at least 7 days before the start of the booked event, about following topics:
- Name, address, phone number of the local representative of Adriana Stan, the local emergency numbers that can help the travellers in case of difficulties/emergencies.
- The previous does not hold if the travel booking took place less than 7 days before the start of the booked event (in case of last minute bookings)
Article 4: Information from the traveler
The traveler has to provide Adriana Stan with all the information that is being asked. When the traveler provides false information that leads to extra costs for Adriana Stan, Adriana Stan can charge the costs to the traveler.
Article 5: Taking place of the agreement
- When booking, Adriana Stan needs to send the traveller an order receipt/confirmation e-mail, as stated by law.
- The agreement about the travel service/organisation takes place when the traveller receives the order receipt/confirmation e-mail from Adriana
- If the content of the order receipt/confirmation e-mail does not match the offer that was agreed upon, or the confirmation does not take place 21 days after the agreement, then the traveller can assume the booking did not takes place and he/she is entitled to a refund of all fees he/she has already paid.
Article 6: Price
- The price that has been agreed upon and is confirmed in the order receipt, is not due to change, and all the agreed services are included, unless there has been a clear and obvious mistake.
Article 7: Payment
- Except in the case of a rental or if this has clearly been agreed upon differently, the traveller will pay the entire amount of the travel fee. In exceptional cases Adriana may allow a prepayment of a deposit, but this should be clearly agreed upon and communicated in written in the confirmation e-mail.
- Except if this has been agreed upon differently, the traveller shall pay the travel fee not later than 21 days after receipt of the order receipt/confirmation-email.
- If the traveller books a travel/an event within 1 month of starting date of the event, he shall pay the travel fee immediately.
Article 8: Booking transfer
- The travel can transfer his booked travel/event to another person, before the start of the travel/event. The new traveller needs to meet all necessary criteria for the transfer to be able to take place. The transferring traveller needs to inform Adriana Stan or her representative, before the start of the event about this transfer. With the transferred travel/event, the responsibility to fulfil the payment is also being transferred to the new traveller.
- Both transferring and new travellers are being held responsible for any costs that occur in the event of a transfer.
Article 9: Changes by the traveler
Is the traveler asking for another adjustment to the reservation, then Adriana Stan has the right to charge the traveler for any costs incurred in the event of any change or adjustment to the contract.
Article 10: Changes by the organizer before the start of the travel/event
- In case, before the start of the travel/event, an important aspect of the offered services during the travel/event can not be performed, Adriana Stan needs to inform the travelers as soon as possible and giving the travelers the opportunity to cancel the travel/event without any extra costs, except when Adriana Stan is offering a suited alternative of equal value. The offered alternative needs to be accepted by the traveler or he/she can still cancel his/her reservation without any extra costs.
- The traveler needs to inform Adriana Stan or her representative as soon as possible about the acceptance or decline of the offered alternative.
- If the traveller accepts the proposed alternative, a new order receipt needs to be sent by Adriana Stan stating the alternative offer and its impact on the price (if any).
- If the traveller does not accept the new alternative proposal, he can ask to apply article 11.
Article 11: Cancellation by Adriana Stan before the start of the travel
- If Adriana Stan cancels the event/travel, before the start of the event/travel, due to a situation for which the traveller is not responsible, the traveller has the following options:
- Either accepting a new offer/proposal of equal or better quality, without the traveller having to pay for a supplement (in case the new offer is of less quality, then Adriana Stan needs to reimburse for the difference in value);
- Or Adriana Stan reimburses the already paid amount back to the traveller.
- The traveller could in exceptional situation – when Adriana Stan does not offer an alternative nor a reimbursement – receive a compensation for not executing the contract, unless:
- Adriana Stan had to cancel the travel/event because the minimum number of travellers has not been met within the required timeframe – which is clearly communicated on the website and when booking – and when she has informed the travellers in written at least 15 days before the start of the event;
- The cancellation is the consequence of a force majeure, which does not include overbooking. A force majeure is the event of an abnormal and unexpected situation which is independent of the will of the organizer and where the consequences could never have been avoided, even when taking all necessary precautions.
Article 12: Entire or partial non-execution of the event/travel
- When, during the event/travel, it seems that an important part of the event/travel which is part of the program, will not be able to take place, Adriana Stan will take all necessary actions to offer the traveller a suited alternative without any extra costs, with the intention of continuing the event/travel.
- In case there is a difference between the ordered services and the actual performed services (a non-execution of a part of the contract), without any new agreement between the organizer and the traveller, Adriana Stan will compensate for the difference.
Article 13: Cancellation by the traveler
- The traveler can cancel the contract partially or entirely at any time. In case the traveler cancels due to a reason of his own choice, he/she will compensate Adriana Stan for her loss because of the cancellation, according to the cancellation policy that is communicated for every event/travel separately. The compensation can never be higher than the price of the event/travel.
- Conditions for cancellation by the traveler:
- The traveler pays Adriana Stan a cancellation fee of €25 if the cancellation takes place earlier than 2.5 months before the start of the event/travel. This means that Adriana Stan can withhold €25 per booking from the amount that needs to be reimbursed to the traveler. In case the traveler hadn’t paid yet – because this was exceptionally agreed as such – the traveler needs to pay/wire Adriana Stan this amount as soon as possible.
- The traveler pays Adriana Stan a cancellation fee of 50% of the value of the event/travel, if the cancellation takes place between 2.5 months before the start of the event/travel and 1 month before the start of the event/travel. This means that Adriana Stan can withhold 50% of the already paid amounts. In case the traveler hadn’t paid yet – because this was exceptionally agreed as such – the traveler needs to pay/wire Adriana Stan this amount as soon as possible.
- The traveler pays Adriana Stan a cancellation fee of 100% of the value of the event/travel, if the cancellation takes place less than 1 month before the start of the event/travel. This means that Adriana Stan can withhold 100% of the already paid amounts. In case the traveler hadn’t paid yet – because this was exceptionally agreed as such – the traveler needs to pay/wire Adriana Stan this amount as soon as possible.
Article 14: Liability of Adriana Stan
- Adriana Stan is responsible for a proper execution of the contract/booking, in accordance with the reasonable expectations of the travellers, based on the communicated offer and for the obligations resulting from the contract/booking, not mattering if the obligations need to be executed by Adriana Stan herself or by other service providers, for which she can rely on the obligations created by the service provider towards Adriana Stan.
- Adriana Stan is not responsible for the negligence or carelessness of her appointed service providers or representatives, during their performance of their duty/function.
- Adriana Stan is only responsible for her own acts of negligence or carelessness.
- In case there is an international treaty applicable on an included service in the contract/booking, Adriana Stan’s liability is then limited or completely null.
- In case Adriana Stan is not executing the contracted services herself, her liability is limited for material damage and compensating for the lack of travel pleasure, valuing not more than one time the travel price.
- For all other cases, articles 18 and 19 of the law mentioned in article 1 are applicable.
Article 15: Liability of the traveler
The traveler is responsible for all damage caused to Adriana Stan, her personnel or her representatives, because of personal fault/mistake, or by failing to comply tot the agreement/contract/booking. A Personal fault/mistake is judged according to normal traveler behavior.
Each traveler is also responsible for having their own travel- or cancellation insurance. The traveler is responsible for their own actions and the consequences of their actions and of those who fall under their responsibility (underage children). The traveler participates at own risk in all activities organized by Adriana Stan, whereby Adriana Stan can not be held responsible for damage caused by participation to any event/activity.
The traveler is responsible for the consequences for not providing all or correct information to Adriana Stan.
The traveler is responsible for its own transportation and for reaching the location where the event/travel/activity that is under contract/booking, takes place, unless otherwise agreed.
Article 16: Complaints
- Before the start of the event/travel/activity:
- Complaints filed before the execution of the booking/travel contract, need to be sent as soon as possible to Adriana Stan per post by registered letter of via e-mail to email@example.com with a delivery request.
- During the event/travel/activity:
- Complaints during the execution of the booking/travel contract, need to be reporter on site, as soon as possible, in an appropriate way and with proof of reporting, so we can search for a solution. For reporting a complaint on site, the traveller can turn to – in this order – Adriana Stan’s representative(s) on site, or a representative of the traveller’s travel broker or to the travel broker himself and last to Adriana Stan herself.
- After the event/travel/activity:
- Was the complaint not solved in a satisfactory way on site during the event/travel/activity or the traveller was not able to formulate a complaint on site, then he has the opportunity to file his complaint until 1 month after the end of the event/travel/activity, in written per registered letter via mail or vie e-mail with a delivery request.
Article 17: Travel Disputes committee
- A dispute exists when a complaint cannot be settles between the two parties: Adriana Stan and the traveller, or when a complaint is not solved within 4 months after the end of the travel contract or 4 months from the planned start of the event/travel/activity in case the booking never took place.
- Every rising dispute after the signing/accepting of the travel contract, about the travel contract, and where a traveller is concerned, can be treated by the Travel Disputes committee (Geschillencommissie Reizen VZW) on the request of the claiming party, excluding disputes about physical injuries. If the accused party is a consumer, he has the right to object against handling of the dispute by the Travel Disputes committee. Therefor he needs to inform the secretary of the Travel Disputes committee about his objection in written by registered letter via mail, within 15 days from the day he is informed about the dispute by the accusing party
- The treatment and the judgement are in accordance with the regulation of Disputes and the rules of the Lawbook about arbitration (art. 1676 until art. 1723). The judgement is binding for all parties with no possibility for appeal. For treating a dispute, a compensation is owed as stated in the regulation of Disputes.
- The use of these terms and conditions means the acceptance of all rules and decisions, as stated by the Travel Disputes committee, and in particular the regulations of Disputes.
- The address of the Travel Disputes committee is Koning Albert II – laan, 16 – 1000 Brussel.
Article 18: Acceptance of the terms and conditions
In case the traveller does not agree with the terms and conditions and as a consequence prefers to refrain from booking the event/travel/activity, the traveller needs to inform Adriana Stan within 5 days after receiving the Terms and Conditions per written letter or e-mail.
Silence is being considered as acceptance of the Terms and Conditions.