GENERAL  SALES CONDITIONS

1. SUBJECT

1.1. These general terms and conditions of sales (hereinafter referred to as the “GTC“) apply to all booking’s reservations (hereinafter the “Travel Agreement“) made with SL STELLA YOGA, (hereinafter “Stella Yoga“) whose registered office is located S.N Carretera Es Capdella, 70195 Puigpunyent -Mallorca (Islas Baleares – España), in particular through the website of its affiliate  www.rutzu.com (hereinafter, the “Site“)

1.2.  The GTC are attached to the offer at the time of booking and are available online on the Site. They may also be communicated to you on request at the following address info@rutzu.com.

1.3.  The contractual relationship between Stella Yoga and the Traveler is governed by these GTC, with the confirmation of the retreat, which includes the essential characteristics of the retreat, the general terms and conditions of use (hereinafter, the “GTC“), the privacy charter (hereinafter, the “Charter“) and the policy relating to cookies (hereinafter, the “Cookie Policy“) available on the Website, to the exclusion of any general terms and conditions of the Traveler.

1.4.  In the event of any discrepancies between the language versions of these general terms and conditions of use, the GTC, the Charter and the Cookie Policy, the French language version will prevail.

2. CHARACTERISTICS OF THE RETREATS

2.1.  The Travelers are aware that transport to the retreat is never organized by Stella Yoga or neither is affiliate Rützu but independently by the Traveler.

2.2.  The descriptions of the retreats, the content of the Website and these GTCs are intended to inform the Traveler prior to booking a retreat, of the content of the services offered by Stella Yoga  through his affiliate Rützu relating to the retreat (in particular accommodation, leisure and sports activities), the conditions for cancellation and modification of the retreat.

2.3. Stella Yoga reserves the right to make changes to the information contained in the descriptions of the Stays (prices, content of transport and stay services, accommodation conditions, promotional offers and à la carte or extra activities) that are not considered to be the main characteristics of the travel service.

2.4. Stella Yoga will provide the Traveler with the standard information required by law (and listed in Appendix 1) and the following information, if applicable, before he books a retreat
(and listed in Appendix 1) as well as the following information, if applicable, through the descriptions of the Stays on the Website:

– The main characteristics of the retreat(s);
– The destination, itinerary and periods of the retreat(s);
– The main characteristics of the accommodation and the number of nights included;
– The places, dates and times of departure and return;
– When the exact time is not yet fixed, Stella Yoga informs the traveler of the approximate time of departure and/or return;
– Meals provided if applicable;
– Excursions included in the Tour(s);
– The total price foreseen for the retreat(s) and its terms and conditions, and if applicable, the additional costs which will be borne by the Traveler;
– If the retreat(s) is/are adapted for persons with reduced mobility;
– The minimum or maximum number of Travelers per retreat(s);
– That the Traveler may cancel the booking of the retreat(s) upon payment of a cancellation fee;
– Information about compulsory or optional insurance covering the costs of cancellation of the contract by the Traveler or the cost of assistance, including repatriation in case of accident, illness or death;
– General information about passport and visa requirements, including the approximate time it will take to obtain visas, and information on health formalities in the country of destination.

2.5. The reservation of the retreat(s) is made in particular by means of the reservation system described below (see article 3).

3. BOOKING PROCEDURE

3.1.  The Website offers the possibility of booking one or more retreats. In order to book, the Traveler
must follow the procedure for reserving a retreat(s) as set out on the Website, which is as follows:

3.2.  Once the Traveler has accepted the Terms and Conditions of Sale, the traveler must validate his/her shopping cart, the total amount (including all taxes), and the method of payment.

3.3. By paying online, the Traveler accepts Stella Yoga‘s initial offer and in particular the price and description of the retreat(s)

3.4.The Traveler must provide a valid e-mail address during the booking procedure and acknowledges that any exchange with Stella Yoga may take place by means of this address.

3.5. As soon as Stella Yoga has received confirmation of the order and payment from the Traveler, Stella Yoga will send an order confirmation and an invoice confirming payment to the email address specified by the Traveler.

3.6.  Retreats are available as long as they are visible on the Website and subject to availability.

3.7. All bookings will only be taken into account once payment has been accepted by Stella Yoga’s bank. In the absence of payment within thirty (14) calendar days following the booking, Stella Yoga reserves the right to cancel it. However, as places are limited for each retreats, Stella Yoga will confirm places on a first come, first served basis. Once the number of places has been reached, the retrear will be considered full.

3.8. The booking of retreat(s) is reserved for legal entities and natural persons of legal age. Any booking not complying with these conditions may be cancelled by Stella Yoga.

 

4. PRICES AND TERMS OF PAYMENT

4.1.  Prices are quoted in euros (EUR) .

4.2.  Payment for the booking is made by credit card or via the Alma solution (payment in 3 instalments) via the RÜTZU website. The full amount of the stay is required upon registration

4.2.1.  The traveler may pay for the stay in 3 instalments if he/she is eligible for the conditions of our partner ALMA by selecting this option when choosing the method of payment. A fee of 3.8% of the total cost of the stay will be charged.

4.2.2.  Alma reserves the right to keep some of its acceptance criteria confidential. Stella Yoga cannot
be held responsible in the event that the traveler meets Alma’s eligibility criteria and that Alma nevertheless refuses his/her request for payment in instalments.

4.3.The Traveler makes the payment at the time of the final validation of the order by specifying his credit card number or via the KBC/CBC/Belfius payment applications. The Traveler guarantees Stella Yoga that he/she has the necessary authorization to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as the payment of the sums due in respect of the order.

4.4. Stella Yoga reserves the right to refuse a booking from a traveler who has not paid in full or in part for a previous reservation or with whom a payment dispute is in progress.

4.5. Stella Yoga reserves the right to suspend or cancel the Traveler’s order in the event of dispute or fraudulent use of the card or refusal to authorize payment by credit card by the accredited organizations or in the event of non-payment.

4.6. Non-payment of the price of the booking on the due date will authorize Stella Yoga to consider the place on retreat as cancelled by the Traveler on the day of departure. Stella Yoga will be entitled to charge the Traveler the full amount of the cancellation fees normally due on this date.

4.7. Stella Yoga reserves the right to change its prices (up to 20 days before the start of the Holiday) in the event of changes to specific costs, which will be made known to the Traveler (e.g. fuel prices or applicable taxes). Elements which may lead to a price increase for the benefit of the Traveler may, under the same conditions, lead to a price reduction for the benefit of the Traveler, in accordance with article 22 of the Law.3. RESERVATION PROCEDURE

5. RIGHT OF WITHDRAWAL

OF STELLA YOGA

5.1.  Stella Yoga may cancel the booking if the number of Travelers who have booked the same retreat is less than the minimum number indicated in the description of the retreat. To do so, Stella Yoga undertakes to inform the Traveler at the latest:

    1. a)   20 days before the start of the retreat in the case of a retreat lasting more than 6 days;
    2. b)  7 days before the start of the retreat in the case of a retreat lasting between 2 and 6 days;
    3. c)  48 hours before the start of the Stay in the case of a Stay lasting no more than 2 days.

5.2.  If Stella Yoga is prevented from fulfilling its obligations due to exceptional and unavoidable circumstances, Stella Yoga will notify the Traveler of this before the start of the retreat.

5.3.   In the event of a termination pursuant to Article 5.1 or 5.2 above, Stella Yoga will reimburse the Traveler payments made by the Traveler, without additional compensation.

OF THE TRAVELER

5.4.  The Traveler can cancel his booking at any time before the start of the retreat.
In this case, he may be charged cancellation costs as follows:

    1. If the retreat is cancelled more than 60 days before the start of the retreat: a deposit of €500 as well as administrative costs of 25€;
    2. If the retreat is cancelled between 60 and 30 days before the start of the retreat: 50% of the total price of the retreat as well as a handling fee of €25;
    3. If the retreat is cancelled less than 30 days before the start of the retreat or in the event of the Traveler not attending the retreat: 100% of the total price of the retreat as well as administration costs of up to 25€.

5.5.  In the event of exceptional and unavoidable circumstances at the location of the retreat, the Traveler may terminate his retreat without payment of cancellation costs. In this case, the Traveler is also entitled to a full refund of payments made up to the occurrence of the circumstances, without additional compensation.

5.6. If the retreat is severely disrupted by the non-compliance of the activities included in the retreat and Stella Yoga does not remedy this within a reasonable period of time, the Traveler is entitled to terminate the retreat free of charge. The Traveler is also entitled to claim compensation for the damage suffered as a result of the cancellation of the retreat.

6. NON-COMPLIANCE OF THE STAY AND LIABILITY

OF STELLA YOGA

6.1. The Traveler must inform Stella Yoga during the retreat, and without undue delay, of any non- conformity which is discovered during the retreat.

6.2. Stella Yoga is responsible for the execution of the activities included in the retreat(s), regardless of whether these activities are to be carried out by Stella Yoga or by other providers of the activities of the retreat(s).

6.3.  The Traveler can, during the retreat, contact the representative of Stella Yoga or Rützu using the following contact details for any complaint related to a non-conformity:
Nom et prénom : Valérie Lardinois
Adresse : 11, Carretera Es Capdella – 07195 Galilea/Puigpunyent – Islas Baleares/ España Numéro de téléphone : +34 689 501 811
Adresse e-mail : plaintes@rutzu.com

6.4.  The Traveler is entitled to compensation from Stella Yoga for any damage suffered as a result of the
non-conformity of the services provided within the framework of the retreat.

6.5. Stella Yoga cannot be held liable for the non-conformity of the retreat(s), if this is due to the Traveler, a third party outside of Stella Yoga, or third party not involved in the provision of the travel activities included in the retreat(s) and is of an unforeseeable or unavoidable nature, or due to exceptional and unavoidable circumstances.

6.6. Stella Yoga limits its liability to three times the price of the retreat selected by the Traveler, except in the case of intentional or negligent damage or in the case of personal injury.

6.7.  The Traveler will also have had the opportunity to read Appendix 1, which contains important information for the attention of the Traveler in accordance with the Law, in particular with regard to the Stella Yoga’s liability and obligations.

OF THE TRAVELER

6.8.  The Traveler is liable for the damage caused to Stella Yoga, its employees and/or representatives,
due to his fault or as a result of the non-fulfilment of his contractual obligations.

7. STELLA YOGA DUTY OF CARE

7.1. STELLA YOGA provides the Traveler with appropriate assistance when he is in difficulty, by means of useful information on local health services, local authorities and/or consulates, or by helping the Traveler to communicate at a distance.

7.2.  In particular, the Traveler can, during the retreat, contact the RÜTZU representative using the following contact details for any request for assistance or help:
Nom et prénom : Valérie Lardinois
Adresse : 11, Carretera Es Capdella – 07195 Galilea/Puigpunyent – Islas Baleares/ España Numéro de téléphone : +34 689 501 811
Adresse e-mail : assistance@rutzu.com

7.3.  Stella Yoga may charge for this assistance if the Traveler has caused the difficulties requiring such
assistance through his/her fault or negligence, difficulties requiring such assistance.

8. SPECIAL PROVISION

8.1. The Travelers agree to participate in the courses, sports activities and various workshops with full knowledge of the facts and in particular of:

– The risks inherent in the sports and/or recreational activities;
– The role that the physical condition of the Traveler and/or his mastery of a certain activity can play, and the impact that this can have on any risk incurred.

They are required to use their best judgement as to which movements, positions and exercises are appropriate for their level of training, general physical condition, experience and mental stability.

9. FORCE MAJEURE

9.1.  Any event beyond the control of the parties, which may be foreseeable but unforeseen, which makes the performance by a party of one or more of its obligations either impossible or substantially more difficult (such as war, riot, revolution, insurrection, strike or lockout within the company, fire, flood, earthquake, storm, failure of telecommunications systems, power failure, pandemic, etc.), is to be considered as force majeure and is to be qualified as an exceptional and unavoidable circumstance within the meaning of Article 50.

9.2.  The party invoking force majeure shall notify the other party as soon as possible of the occurrence of the event.

9.3.  The obligations that are affected by the force majeure event, as well as any mutual obligations of the other party are suspended for the duration of the force majeure event.

9.4. If the force majeure event lasts for more than three (3) months, either party has the right to terminate these GTC with immediate effect and without compensation by means of a notification by registered letter addressed to the other party.

10. SPECIFIC MEASURES RELATED TO COVID

10.1. Stella Yoga shall be entitled to avail itself of any existing or future regulations and/or recommendations existing or future, depending on a health crisis, and in particular COVID-19, including, concerning the validity of vouchers in the event of cancellation of the retreat(s).

11. COMPLAINTS AND CLAIMS BY THE TRAVELER

11.1. Without prejudice to the right of cancellation as per Article 5, any complaint or claim of the Traveler prior to departure must be communicated to Stella Yoga in writing as soon as possible after knowledge of the fact that gives rise to the complaint to Stella Yoga.

11.2. Complaints that arise during a retreat must also be submitted directly on site, so that Stella Yoga can find a solution as soon as possible.

11.3. Complaints that have not been satisfactorily resolved during the retreat must be submitted by the Traveler as soon as possible.

11.4. Any complaint or claim must be made by the Traveler as follows:
By email : plaintes@rutzu.com

12. VALIDITY OF CONTRACTUAL CLAUSES

12.1. The failure of Stella Yoga to invoke a provision of these GTC at a given time shall not be interpreted as a waiver of its rights at a later date, shall not be construed as a waiver of the right to assert its rights under this provision at a later right under this provision.

12.2. The invalidity, lapse or unenforceability of all or part of any of the foregoing or following provisions shall not or part of one of the preceding or following provisions shall not invalidate the whole of these GTC. The provision invalid, void or unenforceable shall be deemed not to have been written. Stella Yoga undertakes to replace this provision with another provision that pursues, as far as possible, the same objective.

13. APPLICABLE LAW AND JURISDICTION

13.1. The validity, interpretation and/or execution of the GTC are subject to Belgian law, to the fullest extent permitted by to the extent permitted by the applicable rules of private international law.

13.2. In the event of a dispute concerning the validity, interpretation or execution of the GTC, the Courts and Tribunals of Palma de Mallorca – Spain shall have exclusive jurisdiction, to the full extent permitted by the applicable rules of private international law. the applicable rules of private international law.

13.3. Before taking any steps to resolve a dispute in court, the Traveler and Stella Yoga undertake to try to resolve the dispute amicably. To this end, they shall first contact each other, before resorting to mediation, arbitration or any other alternative method of other alternative dispute resolution method.