[vc_row][vc_column][mk_padding_divider][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]GENERAL CONDITIONS OF CONTRACTING OF OM YOGA NATURE ACTIVITIES
1) THE ORGANISOR
The Organiser is Om Yoga Nature, based in Barcelona, Spain. OM Yoga Nature is a project that offers the practice of yoga combined with activities in nature, such as hiking. The activities are performed with an official registered mountain guide and a certified yoga teacher. Om-yoganature.com domain name is owned by Katy Thiers. You can contact us by the following means: phone: + 34/932-778-070. Email: email@example.com.
Note: the organiser may also be called Om Yoga Nature.
2) GENERAL CONDITIONS OF CONTRACTING
Participation in any of Om Yoga Nature activities implies acceptance of these general conditions of contract, as well as the terms of the disclaimer of this website www.om-yoganature.com; and the particular conditions of the activities.
In the event of sale of tourist services in which Om Yoga Nature acts only as an intermediary between the user and the service provider, parties are subject in the first instance to the conditions determined by each vendor, and everything that does not contradict them to these general conditions and the specific, where appropriate.
3) THE GUIDE & THE YOGA TEACHER
Om Yoga Nature activities are guided. Participants agree to respect the authority of the mountain guide and the yoga teacher. Most of the activities we organise take place in nature, hence that are exposed to the action of atmospheric agents and may suffer other adverse or unexpected conditions involving the modification of the routes described in the programme. In these cases, the mountain guide and/or the yoga teacher assumes responsibility for decisions in the moment, thus solving the unexpected in the best possible way.
Also, the mountain guide and the yoga teacher can support opinions or complaints that the participants can express in order to find a satisfactory solution. The mountain guide and the yoga teacher are responsible for the satisfactory implementation of the journey, and have the right to NOT accept participants who do not have enough physical shape to overcome the established days, do not have the necessary equipment shown in the travel documentation and/or have an attitude and behavior which threatens the same participant, the mountain guide, the yoga teacher and/or the rest of the group.
In the case the mountain guide and the yoga teacher may not admit or is allowed to expel participants:
- Persons who manifest violent attitudes or that publicly incite to hatred, violence or discrimination on grounds of birth, race, sex, religion, opinion, disability, sexual orientation, gender identity or any other condition or personal or social circumstance, and, in particular, to which behave aggressively or provoke disturbances, that to carry weapons or objects that can be used as such and that carry clothes objects or symbols which incite to violence or which advocacy of activities contrary to the fundamental rights recognised in the constitution.
- Persons who show symptoms of inebriation, are consuming drugs or narcotic substances or show symptoms of having consumed them.
The expulsion of a participant is not entitled to a refund of unused services or right to compensation for the costs it may cause. Expulsion of any participant who does not wish to follow the instructions of the mountain guide or the yoga teacher. Om Yoga Nature declines all responsibility about what they can do and what can happen to this person and shall be cause for expulsion of this person of the trip.
4) SCHEDULE – ROUTES
For each activity we give the most accurate information possible about the characteristics of the terrain of the routes and the difficulty of them. These values: timetables, slope, etc are objective and are taken from top guides’ information (hiking and mountain maps and books). It is the responsibility of the participants to assess that they have the physical capacity to complete sessions with comfort, and without prejudice to the powers of the guide, according to the previous paragraph.
III. It is an essential obligation of each participant to inform Om Yoga Nature if they suffer a physical disability, illness or condition that can impact physical activity. Participants are however obligated to not be under the influence of alcohol, drugs or narcotic drugs or any other medication that may affect the ability to react.
If you suffer from vertigo but want to participate in the activity, consult the organiser, since alternatives may be available. For routes which may involve a high level of physical exertion, the organiser reserves the right to ask the participants for information concerning his/her health state and/or medical certificates proving it.
LEVELS OF ITINERARIES
We distinguish between effort level and level of difficulty. We do a rating of each journey, in this sense, but in many cases we add an complementary explanation to describe, as realistically as possible, those points that we believe are of interest, so participants can assess their level and compare it with the one of the trip. In the majority of trips, the information is about slopes and effective hours of walking per day.
Level of effort:
-Basic: Up to 3 hours of effective walking per day (excluding stops)
-Medium: Between 3 and 5 hours of effective walking per day (excluding stops)
-High: More than 5 hours of effective walking per day (excluding stops)
-Very low: Roads and trails.
-Medium: There may be small steps, without risk, it might be necessary to use the hands in unstable areas such as with loose stones or boulders. There may be sections in which it is necessary to climb or descend slopes without rope.
-High: There are steps or sections that may require a high technical level of experience, from the participant, such as; steps of climbing with aerial characteristics, with risk of falling of more than 3 meters.
It is the total of the slopes up and down during all day.
Book/Guide trips in which the schedule of the itineraries are exposed without stops to eat, take pictures, rest, etc.
YOGA CLASS LEVEL
For the yoga class, we distinguish between Beginners, Intermediate, Advanced and mixed level.
During the activity, the yoga teacher will does their best to apply the yoga class according to the level of the group, always taking in mind physical limitations of the participants.
The level of the yoga class is specified for each activity.
5) PROCUREMENT: RESERVATIONS AND CANCELLATIONS
1- first check the general and special conditions of the trip (mostly level and type of trip) that you have chosen.
(a) for each activity we provide, on our website, the programme indicating the services provided, the team needed, price per person including VAT and other information (special conditions) everything that is not explicitly detailed in the price of the activity is not included.
(b) If you would like more information, do not hesitate to call us or send us an email.
(c) before booking, please read these general conditions and the specific conditions of each activity, as well as documents put at your disposal, it is stating the terms with which we work, constituting contractual documents in the case of recruitment of a trip, activity and/or excursion.
2- Through our website or by email you can request the reservation for the activity you want. Om Yoga Nature will contact you, as soon as possible, to continue and finish the registration process in case there are free spots left.
The reservation will take place in person, by postal letter, by email and through PayPal.
3- in the case of communication by post, once Om Yoga Nature has received your request, Om Yoga Nature will inform you about the payable amount, which will be different according to each destination and will send you the corresponding registration form. Participants must provide the following data to Om Yoga Nature: name, phone, address and email, ID or passport as well as other details relating to the activity that you want to reserve. Minors must be identified as they cannot participate in excursions, trips and activities without previously submit a parental consent must accompany you a photocopy of the ID of the parent. The hiring of any activity, travel and excursion is subject to the submission of the registration form, as well as the payment indicating Om Yoga Nature.
4- in case of payment by PayPal, you will receive a confirmation of your payment by email along with the registration form and the medical form.
Between five and ten days before the start of the activity, Om Yoga Nature will send you by email the necessary information you need to know to prepare your trip as well as the time and place of meeting.
6) CANCELLATION ON THE PART OF THE PARTICIPANT:
If the client cancels the contracted product 10 days or more before the scheduled date of departure, 50% of the total paid will be returned.
If the client cancels the contracted product between 5 and 10 days before the scheduled date of departure, 25% of the total price will be returned.
If the client cancels the contracted product up to 4 days before the scheduled date of departure, the total price will NOT be returned.
If the customer is not present on the day of the departure of the activity, the loss is 100% of the paid amount. In case of the hiring of independent services, the user must pay penalties that hired tourism providers determine.
Om Yoga Nature will always do its best to realise all activities, although in some cases the minimum number of participants to cover the costs and meet the expenses is not reached. When there is lack of participants, Om Yoga Nature may cancel the trip notifying the participants as soon as possible. In this case, we can propose the payment of a surcharge to continue with the activity or we can offer the reimbursement of the total paid.
In addition, Om Yoga Nature has the right to cancel a trip due to act of nature, understanding such circumstances are abnormal and unforeseeable, so the consequences of which could not be avoided, despite having acted with due diligence. In both cases, the customer has the right of reimbursement of the full paid amount.
7) PASSPORTS, VISAS & DOCUMENTATIONS
Citizens of the EU, Switzerland, Norway, Iceland and Liechtenstein need a valid passport or identity document. In addition, in the event that a minor travels with the identity document, the minor should also bring a parental permission.
If the client is a citizen of a country other than the above should be considered that:
(a) The maximum stay in Spain is ninety (90) days.
(b) Spain requires visas for citizens of certain countries. Customers are responsible for obtaining visas, passports, vaccination certificates and other necessary documentation depending on the country of origin. The Organiser declines any responsibility for consequences arising by the client in case of not wearing the documentation or does not meet the requirements of entry into a particular country. The necessary documents can be found on the website of the Ministry of Interior of Spain “www.interior.gob.es”.
8) ALTERATIONS AND MODIFICATIONS OF A TRIP
In case that Om Yoga Nature has to significantly modify the essential elements of the trip, Om Yoga Nature must notify the customer. Except that it has been agreed otherwise, the user has the right to cancel the contract without penalty or accept a modification of the contract which states theintroduced modifications and their impact on the price.
In the activities, Om Yoga Nature participants are covered by accident insurance with certain limits, as determined by law. You need not pay any extra for this insurance cost since it is already included in the price of the trip.
An accident is defined as: a physical injury occurred suddenly and fortuitous. Invoices that are produced on the occasion of the assistance must be paid by the injured person and delivered to Om Yoga Nature to be able recover the amounts paid, in accordance with the contracted coverage insurance company.
CIVIL LIABILITY INSURANCE.
OM Yoga Nature also has, as determined by law, a civil liability insurance. In no event will Om Yoga Nature be responsible for accidents caused by imprudence, negligence or recklessness of the participants.
According to the established organic law 15/1999, of 13 of December of data protection of personal nature, the personal data of users collected on the registration form or in other communications, will be incorporated in an automated file created and maintained by Om Yoga Nature, which remain with the strictest confidentiality transferred data from their clients in accordance with the provision of the basic law.
At the time the customer places the reservation of a tour, the person concerned gives his consent to the automated treatment to manage the procurement of travel and services for customers.
OM Yoga Nature sends different tour proposals throughout the year, in the form of emails. The client might also receive emails for coordination and information of a booked tour, whether for coordinating the transportation if necessary or to facilitate possible coordination of their customers in other necessary steps of the tour.
In accordance with article 6 of the mentioned law of protection of personal data, the user may exercise their rights of access, rectification, cancellation and opposition to the processing of the personal data. This request has to be sent by email to Om Yoga Nature: firstname.lastname@example.org. The email must contain the following data: name and surname of the user, postal address, a photocopy of the code of tax identification or DNI or passport, and the request to apply of access, rectification, cancellation or opposition to the processing of the personal data.
OM Yoga Nature is committed to the fulfillment of obligations of secrecy and proper treatment of the user’s data to avoid its alteration, loss, treatment or unauthorised access. In no case, personal data will be transfered to other companies. The personal data of the user are only communicated when required at Om Yoga Nature by the administrative authorities or by court order.
In any of the trips we organise, it is the responsibility of participants to take care of the luggage. You cannot expect that the mountain guide or yoga teacher to take care of your belongings. Luggage and other personal belongings of participants are not part of the contract so the organiser is not responsible for loss or damage you may experience during the trip.
Each activity requires basic necessary material/equipment, which will be specified in detail by email after reservation. The guide may review the material/equipment of each participant at the beginning of each activity to check that it is compliant with minimum requirements.
MATERIAL OR RENTED ELEMENTS
Each activity requires a minimum necessary material/equipment, which will be specified in details by email after reservation. The guide may review the material/equipment of each participant at the beginning of each activity to check that it is compliant with minimum requirements; snow raquets, hiking sticks, GPS, tents, backpacks, yoga mats, material for the picnic or any other material or tooling. Equipment suppliers may require a contract with which participants are responsible for maintained condition of rented equipment. Suppliers may also ask participants for a deposit, which will be refunded after returning the rented equipment in the same condition, within 14 days after return.
The organisation or any of its suppliers, cannot be responsible for any damage or deterioration of the rented equipment as a result of circumstances that cannot be controlled (negligence in its use, etc.).
In case of stolen or lost material, the organisation or any of its suppliers, reserves the right to demand compensation or the replacement of the material based on the purchase price of that time, or the most similar in the case there is no identical product in the market at that time, from the participant once the activity is finished.
USE OF PHOTOS
During the activities, the guide, yoga teacher or any contributor or participant can take one or several images of the participants and these could be used for catalogues, support materials or advertising in different media, whether printed or digital. The pictures can be used without any cost or future rights on it. In any case, we remind you that the conditions 4 and 5 of the disclaimer are applied.
In each activity, Om Yoga Nature will define the means of transportation or if transport is under responsability of the participant. In either case, the activity begins at the moment in which participants meet the mountain guide with whom Om Yoga Nature works with.
12) LAW AND JURISDICTION
These terms and conditions and any other text with a contractual nature of this website shall be governed by the provisions of the legislation of Spain and the Catalan legislation that are applicable. OM Yoga Nature accepts the arbitration of consumption, therefore conflicts, disputes and claims between Om Yoga Nature and the user arising from the hiring of travel, excursions and other activities of the first will be resolved by the Arbitral consumption system if the user submits the application to a Consumer Arbitration Board.
In the event that the user is a company that has no consideration of consumer or user in accordance with the legislation in force, Om Yoga Nature and the user expressly submit to the courts and tribunals of Barcelona (Spain).