General terms and conditions Healing Center Chiwanka

Article 1 Definitions

1. Healingcenter Chiwanka aims to provide healings and retreats, in the broadest sense.

2. In these General Terms and Conditions, “Participant” is defined as: the natural person who does not act in the exercise of a profession or business or the natural person or legal entity who does act in the exercise of a profession or business and who uses the Services of Healingcentre Chiwanka and instructs Healingcentre Chiwanka to provide Services.

3. In these General Terms and Conditions, “Agreement” means: the Agreement concluded between Healingcentre Chiwanka and the Participant, whereby Healingcentre Chiwanka undertakes to provide Services to the Participant and the Participant undertakes to pay a price for this. The Agreement is concluded by an offer from Healingcentre Chiwanka and its acceptance by the Participant, which is further specified in Article 3.4 of these General Terms and Conditions.

4. In these General Terms and Conditions, “Services” means: all products and services supplied to the Participant by Healingcentre Chiwanka and/or third parties engaged by it, including the provision of retreats, as well as all other services performed by Healingcentre Chiwanka on behalf of the Participant. activities.

5. In these General Terms and Conditions, “Website” means: the website www.chiwanka.com.

Article 2 Applicability of the General Terms and Conditions

1. The General Terms and Conditions apply to every offer from Healingcentre Chiwanka and to all current and future Agreements, deliveries, commercial relationships and other legal relationships between the Parties. The Participant’s General Terms and Conditions are expressly rejected.

2. Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with Healingcentre Chiwanka.

3. The General Terms and Conditions also apply to additional or amended assignments from the Participant.

4. If it appears that one or more provisions in these General Terms and Conditions are invalid, the validity of the other provisions of these General Terms and Conditions as well as the entire Agreement will not be affected. In such a case, the parties will endeavor to replace the invalid provision with a new, valid provision that comes as close as possible to the invalid provision within the scope of the original General Terms and Conditions.

Article 3 The Agreement

1. Registration for the retreats always takes place via the website.

2. As soon as the person in question, the Participant, has fully and successfully completed the (online) payment procedure, he will receive a confirmation email. The Agreement is concluded at this time, subject to the provisions of Article 4.

3. The Participant can also register online for the One Day Retreat. The Agreement with regard to the One Day Retreat is concluded when the Participant has fully and successfully completed the preceding payment procedure, subject to the provisions of Article 4.

4. If Healingcentre Chiwanka sends a confirmation to the Participant, this will be decisive for the content and interpretation of the Agreement, subject to obvious errors. Healingcentre Chiwanka cannot be held to its offer if the Participant can reasonably understand that the offer, or part thereof, contains an obvious mistake or typo.

5. If the Participant makes notes or provides responses to the confirmation email from Healingcentre Chiwanka, they do not form part of the Agreement, unless Healingcentre Chiwanka confirms this in writing.

Article 4 Participation in retreat

1. Once the potential Participant has submitted a registration for the retreat via the Website, this is no guarantee of actual participation. Healingcenter Chiwanka attaches great importance to good group dynamics. Healingcentre Chiwanka may ask a potential participant to complete a questionnaire and/or have a telephone conversation before participation can be confirmed.

2. If, in the opinion of Healingcentre Chiwanka, a potential Participant does not fit within the group dynamics, participation may be refused. In the event of refusal, the Agreement as described in Articles 3.2 and 3.3 will be terminated by operation of law with retroactive effect.

3. In the above case, the potential Participant will receive the total amount paid back into the account as soon as possible.

Article 5 Execution of the Agreement

1. Healingcentre Chiwanka will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as as much as possible in accordance with the written agreements.

2. Healingcentre Chiwanka only has an obligation of best efforts and no obligation of result when providing the Services. A best efforts obligation is a contractual obligation to make the necessary efforts or to use certain means to achieve the agreed result, which means that Healingcentre Chiwanka cannot guarantee that the outcomes, results or expectations that the Participant has in the delivery of Services for eyes has actually been achieved.

3. If and insofar as proper execution of the Agreement requires this, Healingcentre Chiwanka has the right to have certain work carried out by a third party(ies), under conditions agreed in the Agreement. When engaging third parties, Healingcentre Chiwanka will exercise due care.

4. The Participant ensures that all information that Healingcentre Chiwanka indicates is necessary or of which the Participant should reasonably understand that it is necessary for the execution of the Agreement, is provided to Healingcentre Chiwanka in a timely manner. If the information required for the execution of the Agreement has not been provided to Healingcentre Chiwanka in a timely manner, Healingcentre Chiwanka has the right to suspend the execution of the Agreement and/or to charge the Participant the additional costs resulting from the delay in accordance with the then customary rates. to be taken into account.

5. The Participant ensures that Healingcentre Chiwanka can provide its Services in a timely and proper manner. If the Participant does not comply with his agreements in this regard, he is obliged to compensate the resulting damage.

6. If a term has been agreed or specified for the performance of Services, this is never a strict deadline. If a term is exceeded, the Participant must notify Healing Center Chiwanka in writing. Healingcentre Chiwanka must be offered a reasonable period to still implement the Agreement.

Article 6 Amendment to the Agreement

1. If it appears that it is necessary to change or supplement the Agreement for the proper execution, Healingcentre Chiwanka will immediately inform the Participant in writing.

2. If the Agreement is amended, including a supplement, this constitutes an additional assignment. A separate fee agreement will be made in advance for this additional assignment, whereby the additional Services will be paid at the agreed rate.

3. Failure to execute the amended Agreement or not immediately execute it does not constitute a breach of contract on the part of Healingcentre Chiwanka and is not a reason for the Participant to terminate or dissolve the Agreement.

4. Changes to the originally concluded Agreement between Healingcentre Chiwanka and the Participant are only valid from the moment these changes have been accepted by both Parties by means of an additional or amended Agreement. This change will be made in writing (via e-mail or Whatsapp).

Article 7 Suspension, dissolution and premature termination of the Agreement

1. Healingcentre Chiwanka is entitled to suspend the fulfillment of the obligations or to terminate the Agreement if the Participant does not fulfill the obligations under the Agreement, does not fully or does not fulfill them on time. Healingcenter Chiwanka must have given the Participant notice of default by means of a written reminder.

2. Furthermore, Healingcentre Chiwanka is entitled to terminate the Agreement, under the same conditions as referred to in paragraph 1 of this Article, if circumstances arise that are of such a nature that compliance with the Agreement is impossible or unchanged maintenance of the Agreement is not reasonably possible.

3. If the Participant fails to fulfill his obligations arising from the Agreement, this non-compliance justifies termination and the Participant is in default, Healingcentre Chiwanka is entitled to terminate the Agreement immediately and with immediate effect by means of a written statement to the Participant, whereby the Participant , due to breach of contract, compensation or compensation is obliged.

Article 8 Right of withdrawal and return of Products

1. A booking for a retreat is final. The Participant has no right of withdrawal to cancel the distance Agreement.

2. The Participant has no right of termination for Services relating to leisure activities, if the Agreement provides for a specific time or period of performance. This exception applies to Healingcentre Chiwanka.

3. The Services offered by Healingcenter Chiwanka are explicitly characterized as Agreements relating to leisure activities. The Agreement includes a specific date or period on which the Services will be performed, namely the date of the retreat.

4. The purchase of the reserved Services by the Participant is regarded as a ticket that gives the Participant access to the Services. The Services offered are also described in detail on the Website, so that the Participant has all the information about the Services and can therefore make a well-considered choice based on the information provided.

Article 9a Cancellation by retreat participant

1. If the Participant, for whatever reason, can no longer participate in the retreat and wishes to cancel, the following rules apply with regard to reimbursement of the participation costs owed: a. Up to two months before the start of the retreat, the Participant will receive 50% of the total participation costs; b. No participation fees will be refunded within two months before the start of the retreat.

2. The participant has up to two weeks before the start of the retreat to arrange a replacement participant. The replacement will not take place without prior written approval for this replacement Participant by Healingcentre Chiwanka. If Healingcentre Chiwanka agrees in writing to the proposed replacement, no refund of participation costs will be made. Any such settlement or refund must be made between the original Participant and the alternate Participant.

Article 9b Cancellation by One Day Retreat Participant

1. If the Participant, for whatever reason, can no longer participate in the One Day Retreat and wishes to cancel, the participation costs will not be refunded.

2. However, the Participant has the right to arrange a replacement Participant up to 24 (in words: twenty-four) hours before the start of the One Day Retreat. The replacement will not take place without prior written approval for this replacement Participant by Healingcentre Chiwanka.

Article 10 Cancellation by Healingcenter Chiwanka

1. Cancellation of the retreat by Healingcentre Chiwanka will take place if there are valid reasons for doing so. Well-founded reasons include, but are not limited to: insufficient participants in the retreat and illness of the supervisor.

2. Healingcenter Chiwanka will immediately inform the Participant(s) in the event of cancellation of the retreat.

3. In the event of cancellation, as described in Article 10.1, the Participant is entitled to a refund of the amount already paid. The participant cannot claim any form of compensation and/or damages. Another option is to postpone participation to another date as the retreats are repeated monthly.

Article 11 Costs, remuneration and payment

1. All amounts communicated to the Participant and amounts on the Website are in euros and include IVA (21%) unless stated otherwise.

2. Healingcentre Chiwanka has the right to correct apparent errors in the quotation.

3. With regard to the retreats, the participant must pay the full amount (100%) of the retreat immediately upon registration.

4. In the event of an immediate full (100%) payment, this is done online via the online payment environment, after which a confirmation with invoice is immediately sent to the Participant.

5. If it concerns a One Day Retreat, half (50%) payment is made in advance online via the Website. The remainder (50%) must be paid in cash on the day itself.

6. The Participant has the obligation to immediately report any inaccuracies in the stated or provided payment details to Healingcentre Chiwanka.

Article 12 Guarantees

1. Except for what is expressly included in the Agreement and/or in these general terms and conditions, Healingcentre Chiwanka offers no other guarantees, commitments or conditions with regard to the Services.

2. The provisions in these General Terms and Conditions regarding warranty do not affect the Participant’s warranty claims under the law.

Article 13 Liability

1. The Participant is responsible for providing correct and representative data and information necessary for the execution of the Agreement. Healingcentre Chiwanka is not liable for damage, including due to an incorrect order, if the Participant has provided incorrect, unrepresentative or irrelevant information.

2. Healingcentre Chiwanka is not liable for errors or omissions of third parties engaged by it. By using the Services of Healingcentre Chiwanka, the Participant grants Healingcentre Chiwanka the authority, if a third party engaged by Healingcentre Chiwanka wishes to limit its liability, to accept that limitation of liability also on behalf of the Participant.

3. Healingcenter Chiwanka is not liable for personal injury as a result of participating in retreat activities. Nor is Healingcentre Chiwanka liable for the loss or damage of the Participant’s property.

4. Healingcentre Chiwanka strongly recommends taking out good travel and cancellation insurance. By placing a booking, you confirm that you are properly insured. This also includes an international health insurance.

5. The participant must be adequately insured against the risk of damage that he or another surviving relative may suffer as a result of his death, injury or illness caused by his participation in the retreat. The retreat is attended at your own risk.

6. The Participant indemnifies Healingcentre Chiwanka against any damage that third parties may suffer as a result of an act or omission attributable to the Participant with regard to participation in the retreat. The Participant must be adequately insured against the risk of liability for said damage.

7. Healingcentre Chiwanka is not liable for indirect damage, including but not limited to business damage, stagnation damage, lost savings, reduced goodwill and lost profit.

8. Healingcentre Chiwanka is not liable for any errors on the Website.

9. Healingcentre Chiwanka is not liable for failure to fulfill the obligations arising from the Agreement or to fail to do so on time, if this is caused by force majeure as referred to in Article 14 of these General Terms and Conditions.

10. If Healingcentre Chiwanka is held liable, it will only be liable for direct damage actually incurred, paid or suffered by the Participant due to a demonstrable failure to fulfill the obligations of Healingcentre Chiwanka with regard to its Services.

11. The liability of Healingcentre Chiwanka is limited to the amount paid by the Participant to participate in the retreat.

12. The limitation of liability as described in this article does not apply in the event of intent or deliberate recklessness on the part of Healingcentre Chiwanka.

Article 14 Force majeure

1. Force majeure means all external causes, beyond the control or fault of Healingcentre Chiwanka, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.

2. Force majeure as referred to in the previous paragraph of this Article also includes, but is not limited to: non-compliance by a third party, illness of the guidance of Healingcenter Chiwanka itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions in the systems of Healingcenter Chiwanka, fire, floods, natural disasters, pandemics, riots, war or other domestic unrest.

3. In the event of force majeure, performance of the Agreement will be suspended as long as the force majeure continues.

4. If the force majeure lasts longer than 3 months, both parties are entitled to terminate the Agreement without judicial intervention. In such a case, Healingcentre Chiwanka will refund any amounts paid, minus all costs incurred by Healingcentre Chiwanka in relation to the Agreement.

Article 15 COVID clause

1. If Healingcentre Chiwanka has to cancel the retreat due to COVID or a similar pandemic in connection with a travel ban imposed by it, the Participant will receive a voucher worth the total amount paid and an alternative date will be offered. The voucher can be used to participate in the retreat at a later time.

Article 16 Confidentiality of data

1. Each party guarantees that all information received from the other party that it knows or should know is of a confidential nature will remain secret. The party that receives confidential information will only use it for the purpose for which it was provided. Data will in any case be considered confidential if it has been designated as such by one of the parties. Healingcentre Chiwanka cannot be held to this if the provision of data to a third party is necessary pursuant to a court decision, a legal regulation or for the correct execution of the agreement.

Article 17 Rights and obligations during the Retreat

1. Participation in the program during the retreat is voluntary. Not participating does not entitle you to a refund of part of the amount.

2. Participating in the activities offered is entirely at your own risk. These activities are not a substitute for medical treatment or therapy, but are intended solely for leisure and personal development.

3. The participant is responsible for reporting any physical complaints to the supervisor in advance.

4. Drugs and alcohol use are not permitted during the entire retreat. Smoking is also not permitted within the locations of Healingcentre Chiwanka.

5. Healingcenter Chiwanka is respectful to all participants and expects the same from participants themselves.

6. Participants must treat the environment and locations with care. Any damage will be recovered from the perpetrator.

7. Making and/or publishing video or sound recordings during the retreat is not permitted.

8. If the rules described in this provision are not followed, the Participant may be removed from the retreat. In that case, the participant is not entitled to a refund of payment.

Article 18 Complaints procedure

1. If the Participant has a complaint, the Participant must send this in writing and with sufficient reasons to info@chiwanka.com. If reasonably possible, the complaint will be processed 5 (in words: five) working days after receipt of the complaint by Healingcentre Chiwanka, after which the Participant will receive a substantive response as soon as possible.

Article 19 Identity of Healing Center Chiwanka

1. Healingcenter Chiwanka S.L. carries NIF number B56439797.

2. Healingcenter Chiwanka can be reached by e-mail at info@chiwanka.com, via the Website www.chiwanka.com and by telephone at +31 624901432.

Article 20 Amendment clause

1. Healingcenter Chiwanka reserves the right to change or supplement these General Terms and Conditions at any time. Healingcenter Chiwanka will inform the Participant of this in a timely manner.

2. The amended General Terms and Conditions apply to the Agreement one month after notification to the Participant.

3. The Participant has the option to terminate the Agreement no later than the day on which the amended General Terms and Conditions come into effect if the changes result in Healingcentre Chiwanka being able to provide Services or Products that are essentially different from those provided by the Parties at the time the Agreement was concluded. have been agreed with each other.

Article 21 Applicable law and competent court

1. Spanish law applies to the legal relationship between Healingcentre Chiwanka and its Participant.

2. All disputes that may arise between Healingcentre Chiwanka and Participants will be submitted to the competent court.