GENERAL TERMS AND CONDITIONS
1.SCOPE AND SUBJECT MATTER OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS
The scope of these General Terms and Conditions (GTC) includes all activities of Sandro Primus (hereinafter referred to as Service Provider/Organiser), such as workshops, retreats, coachings, events, meditation, massages, clearings, self-defence, fitness, personal training and artefacts (arteprimus.ch) and/or unnamed contract conclusions, which are related to the aforementioned business activities.
The Service Provider mainly provides chargeable services in the area of the above-mentioned range of services. These GTC apply to all services agreed by participants with the service provider in any way (by telephone, email, online, mobile, etc.). A participant is any natural or legal person who uses services provided by the service provider or who has registered with the service provider to receive such services. By using one or more services, the participant irrevocably agrees to the application of these GTCs.
These GTCs also apply in full and in addition/differently to courses abroad.
These General Terms and Conditions shall apply to all courses, workshops, coaching sessions, individual lessons, private and/or business lessons in the above-mentioned areas, as well as other events. These terms and conditions shall be deemed to be legally binding and accepted by the participant at the latest upon binding registration.
Amendments to these GTC are generally excluded. Deviating special agreements shall only be valid if they have been agreed in writing. Any amendments to the General Terms and Conditions agreed in this way shall in any case only apply to the respective legal transaction, expressly not to follow-up transactions or new registrations after the end of a course, workshop, individual lesson or the respective event (comprehensively described above in section 2.1).
3. SCOPE OF SERVICES
The services include the provision and organisation of courses, retreats, workshops, one-to-one tuition, business courses and workshops in Germany and abroad in the above-mentioned areas.
4. COSTS, PRICES AND TERMS OF PAYMENT
The current costs for lessons, individual lessons, business lessons, coaching sessions and workshops can be found on the website as well as in brochures and flyers or will be sent in writing upon request.
Registrations for all offers are legally binding upon receipt by the service provider by e-mail or upon transfer of the reservation payment. Registrations made by telephone will be confirmed by e-mail. Upon receipt of the confirmation e-mail from the participant, these registrations are also legally binding and can be invoiced. After we have received the registration, we will send the participants a reservation confirmation e-mail and, in the following days, an invoice for the payment of the offer. The payment date listed there is binding. Non-payment of the course fee does not constitute cancellation.
Full payment for individual lessons is due before the start of the lesson, when the booking is made. Unless otherwise agreed or stated, full payment of the offer shall be made in cash or by deposit before the first day.
5. CONDITIONS AND TERMS OF CANCELLATION (REFUND)
All prices exclude VAT of currently 7.7%. (from January 2024 on; 8.1%)
Time-Stop-1: In case of an important reason (illness, accident) for the duration of the medical certificate (min. 3 weeks, max. 3 months). The time-stop must be submitted promptly to Sandro Primus by e-mail or post together with a corresponding doctor’s certificate. Once, the time credit will be directly attached to the agreed time period.
The service provider will endeavour to offer the alternative offers as presented on his homepage sandroprimus.com, such as meditation and/or clearing/healing sessions during this time. This energetic/spiritual work supports and accelerates the healing process.
Time-Stop-2: If it is not possible for the service provider to provide the agreed service for important reasons (illness, accident), a time credit will be added to the agreed time duration for this period.
Premature termination of the service provider’s acquired service agreement and the corresponding refund of the payment already made can only be granted in cases of hardship, and there is no entitlement to this. Cases of hardship include: prolonged illness or accident, definitive change, both of place of residence and place of work (further than 30 km from Zurich). The application must be submitted together with a written request for reimbursement and the necessary confirmations, e.g. doctor’s certificate, employer’s confirmation, proof from the residents’ registration office. The remainder of the agreed duration will be reimbursed pro rata, provided that the available facts, as well as the required documents, have been submitted in full.
The number of hours per offer will be provided with confirmed data at the beginning of the period and the total service will be prepaid before the first hour begins.
Dates can be postponed by email up to 48 hours beforehand between MO and FR. The service provider will offer three replacement dates. If no replacement can be found, the hour will be forfeited.
Hours from one period cannot be transferred to another period. (Exception: Time-Stop 1 and 2).
Additional hours can be purchased at any time with advance payment.
If the purchased contingent of lessons is used up before the end of the agreed period, additional lessons can be purchased up to the agreed end of the period.
Preparation by Sandro Primus is free of charge for up to one hour. Any further work will be charged at the appropriate hourly rate by prior arrangement.
Contracts with a duration of 3 years can be terminated with a notice period of 12 months.
Contracts with a term of 2 years can be terminated with a notice period of 9 months.
Contracts with a term of one year can be terminated with a notice period of 6 months.
Contracts with a term of half a year can be terminated with a notice period of 3 months.
The scheduled/confirmed dates/time spent during the respective notice period must be paid for in full, even if they no longer wish to be used.
If a participant is unable to attend a workshop, he/she always has the option of finding a substitute. This must be done in writing by e-mail, stating the name/first name and e-mail address of the substitute person.
The waiver or refund of the course fee is regulated as follows:
Cancellation date Cancellation fee
up to 2 months before the start of the event: 25% of the course fee
up to 14 days before the start of the event: 50% of the course fee
less than 14 days before the start of the event: 100% of the course fee
Lessons not attended cannot be made up and will not be refunded. In the event of absence (illness, work commitments, other reasons) or cancellation of the workshop, there is no entitlement to a reduction or refund.
In the event of illness or unforeseeable circumstances, the service provider reserves the right to cancel the lesson – even at short notice – or to have a suitably qualified person substitute. Participants will be informed as soon as possible by e-mail or SMS of any cancellation, with the exception of unforeseeable cancellations.
In order to be able to run workshops/courses under optimal conditions, we set a minimum and a maximum number of participants for each event/course. If there are not enough participants, the course will generally not be held and the course fees will be refunded.
5.5 PRIVATE LESSONS
Cancellations for private lessons will only be accepted if the relevant information is received by e-mail at least 48 hours before the start of the lesson.
6. ELIGIBILITY, PERSONAL RESPONSIBILITY
Prior to participating in any of the Service Provider’s Lessons, each Participant shall complete a health questionnaire by which the Participant declares that there are no health concerns preventing participation in any Lessons. Self-responsibility and normal mental and physical resilience and condition are required for all courses, lessons, individual lessons, business lessons and workshops. In the case of acute physical or psychological problems, it should be clarified with a doctor beforehand whether the course in question is appropriate at this time. For example, meditation courses or clearings can have a healing effect on physical, mental and psychological well-being. However, they do not constitute medical or psychotherapeutic treatments.
Existing mental or physical health restrictions but also an existing pregnancy are to be reported to the service provider at the latest at the beginning of the course/workshop/event. Should a health restriction or pregnancy occur in the course of the course/workshop/event, the service provider must be informed immediately.
Each participant takes part in these courses on his/her own responsibility, so that it is also at the discretion of the respective participant to seek medical advice before taking part in the courses/events/workshops. Should a course participant have doubts about his/her health or mental fitness to participate, he/she is in any case recommended to seek appropriate expert advice before registering.
The participant is aware that physical training always involves a residual risk of injury or sudden health problems. It is the participant’s/client’s responsibility to take out appropriate insurance. Claims in connection with this cannot be asserted against the service provider.
The Service Provider shall assume liability for the proper performance of the courses/events/workshops within the scope of the statutory warranty provisions. Any further liability, in particular under the title of compensation for damages, is expressly excluded. The service provider therefore accepts no liability whatsoever, in particular no liability whatsoever in the event of concealment of any physical or mental ailments by the participant which make participation in the events/workshops appear inadvisable.
The service provider reserves the right to refuse participants if he/she is of the opinion that the health or psychological requirements for participation in the course are not met. This refusal can also be made at short notice or even during ongoing courses.
Participants use the course facilities and offers at their own risk. No liability is accepted for valuables brought by participants.
For all courses, events and retreats organised by the Service Provider, the Service Provider excludes any liability for damages incurred. Participants are therefore responsible for ensuring that they have adequate insurance cover. The service provider cannot be held liable for theft or loss of objects.
Event beyond the control of the service provider:
Upon the occurrence of an event beyond the control and influence of the Service Provider, the Service Provider shall not be liable or responsible for the non-performance or late performance of any obligations under these GTC and the contractual relationship based thereon. An event beyond the control of the Service Provider occurs, for example, in the following cases:
in the case of strikes, closures or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, motor routes or other means of public or private transport.
Should an event beyond the control of the service provider occur which affects the fulfilment of its obligations within the contract, the participants will be informed of this at the earliest possible opportunity.
8. RETREATS / WORKSHOPS in the above areas
Registration and booking
Registration takes place via e-mail or contact form. After the registration has been received by the service provider, he will send the participant an e-mail confirmation with the bank details for the payment of the offer. The payment date listed there is binding. The registration is binding and obliges payment. Non-payment is not considered a cancellation. If the number of participants is limited, registrations will be considered in the order in which they are received. The date of receipt of the bank transfer shall apply.
Terms of payment/payment/residual payment
A reservation confirmation will be sent upon registration. The payment conditions contained therein are binding. If payment is not made on time, the service provider may refuse to provide the services and claim cancellation costs.
Cancellation conditions/cancellation costs
In the event of cancellation, the following cancellation costs will be charged: up to 60 days before departure CHF 500 for retreats abroad. In the event of cancellation at a later date, a refund of the total costs is excluded. The participant has the possibility to name a substitute participant. This must be done at the same time as the cancellation. A handling fee of CHF 100.- will be charged as well as any rebooking costs.
Withdrawal from company courses
In the case of company training courses, cancellation up to the 15th day before the start of the course is free of charge. Cancellations up to the 8th day before the start of the course will be charged 50% of the course fee. Cancellations later than this will incur the full agreed course fees.
The programme as well as changes to individual services (accommodation, teachers, means of transport) due to unforeseeable circumstances or safety reasons are expressly reserved and are hereby accepted by the participants. Any additional costs in this case shall be borne by the participant. The service provider shall endeavour to offer equivalent substitute services.
Personal and health requirements
Good health and a stable mental condition are required for the offers. The participant participates on his/her own responsibility and undertakes to inform the service provider of any physical and/or mental impairments.
If necessary, he/she will seek the advice of an appropriate doctor or psychotherapist before participating. If a participant does not meet the physical or psychological requirements, the service provider may exclude the participant from the offer. Any costs etc. incurred in this regard shall be borne by the participant and the price paid cannot be refunded.
General Insurance Provisions
For all courses, events, further education, workshops, individual lessons and retreats organised by the service provider, the service provider excludes any liability for damages incurred. The participant is therefore responsible for ensuring that he/she has sufficient insurance cover. The service provider cannot be held liable for theft or loss of items. In any case, it is the participant’s responsibility to take out adequate health/accident insurance in his/her country of domicile with coverage in Switzerland and abroad.
Programme and price changes
We reserve the right to make changes to the programme and prices as well as to these GTC.
9. JURISDICTION, APPLICABLE LAW
Swiss law shall apply; the exclusive place of jurisdiction in connection with these General Contractual Provisions shall be Zurich 1.
Verbal collateral agreements are not made. Amendments and supplements to these GTC’s and all individual agreements must be made in writing. The same applies to the cancellation of this written form requirement.
10. DATA PROTECTION
The Service Provider undertakes to treat personal data and information confidentially and not to pass them on to third parties. Excepted from this is the disclosure of data to employees and business partners for organisational reasons. Likewise, the participant undertakes to treat information about other course participants confidentially.
Recordings (photo/film) made by the service provider during the courses may be used and published for own advertising purposes. The service provider is entitled to keep personal data and to use it for its own administrative and marketing purposes. The data shall be treated confidentially and shall not be passed on to third parties.
The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimise or improve its own services, e.g. to technically optimise the dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
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Notice regarding data transfers to the USA (United States of America)
For the sake of completeness, we would like to point out that for users based in Switzerland, there are monitoring measures by US authorities which generally allow the storage of all personal data from Switzerland – which has been transferred to the USA.
This is done without any differentiation, restriction or exception based on the objectives pursued and without any objective criterion that would make it possible to restrict the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes that could justify the interference associated with access to these data as well as with their use. Furthermore, we would like to point out that in the USA, there are no legal remedies available to data subjects from Switzerland that would allow them to obtain access to the data concerning them and to obtain their correction or deletion, or that there is no effective legal protection against general access rights of US authorities. We explicitly draw the attention of the data subject to this legal and factual situation in order to make an appropriately informed decision to consent to the use of his/her data.
We would like to point out to users residing in a member state of the EU that the USA does not have a sufficient level of data protection from the perspective of the European Union.
Source: Data protection generator from SwissAnwalt
Costs, lodging and organisation are borne entirely by the client.
Travel distances will be organised by the fastest means of transport – car journeys up to max. 2 hrs, train journeys up to max. 4 hrs, from 4 hrs by plane – continental/economy, intercontinental/business.
accommodation in clean/quiet guesthouse/hotel room with bathroom – no private rooms of clients
12. SEVERABILITY CLAUSE
If any provision of these T&Cs is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same applies to any loopholes in these GTC.
13. SAFETY PRECAUTIONS
The Service Provider undertakes to ensure security in accordance with the current technical state of the art in systems, programmes, etc. which belong to it and over which it has influence, and to comply with the rules of data protection.
Participants must ensure the security of systems, programmes and data within their control. In their own interest, participants should keep passwords and user names secret from third parties.
The service provider shall not be liable for improper action or disregard of risks by the participant or third parties, excessive use, unsuitable operating resources of the participant or third parties, extreme environmental influences, interventions by the participant or disruptions by third parties (viruses, worms, etc.) that occur despite the necessary current security precautions.
The service provider shall use photos of events on its own website or in social media in which participants can be recognised. Should this be done against the will of a person, he/she may instruct the service provider to remove his/her person from the picture. Further and own claims cannot be asserted.
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© sandroprimus.com. Updated 2023