General Terms and Conditions
1. The acceptance of the General Terms and Conditions of this Course offering is binding upon the Client.
1.1 By booking a course (via the course registration form), the Client enters into a binding contract with the course Organizer (Shanti Music Production Renold & Co.). The Agreement is based on the content found in the course announcement along with additional information from the Organizer in relation to the particular course signed up by the client.
1.2 Bookings can be made in writing, by fax or by electronic means (e-mail, Internet). Upon electronic bookings the Organizer will immediately confirm by electronic means the receipt of the booking. Following this, the invoice and confirmation of the course will be sent to the Client.
1.3 The Client is responsible for all contractual obligations of fellow travelers, for whom he makes the booking, as well as for his own, in as much as he has assumed this obligation through this express and separate declaration.
1.4 The Agreement is concluded with the declaration of acceptance (GTC - General Terms and Conditions) given to the course Organizer. It requires no other particular form. During or immediately after the acceptance of the GTC, the course Organizer will submit a written course confirmation to the Client. Nevertheless, the Organizer is not obligated to do so if the booking is made by the client less than 7 working days before the course begins.
1.5 If the contents of the declaration of acceptance (GTC) deviates from the course content of the booking, then a new offer is in order from the course Organizer, to which he is bound for a period of ten days. The contract is considered intact on the basis of this new offer if the Client agrees within the commitment period of the course Organizer through the acceptance by express declaration, payment or final payment.
2.1 Upon concluding the GTC Agreement, a deposit is payable against delivery of the Secure Payment Certificate issued by the Organizer. The deposit is to be paid within one week of receipt of the invoice, the course materials and the Secure Payment Certificate. The balance is due 15 days before the course begins, as long as the Secure Payment Certificate has been delivered and the course is not to be canceled in accordance to paragraph 7.
2.2 If the Client fails to make the deposit payment and/or final payment within the deadline in compliance to the Agreement, the course Organizer is entitled to charge the Client a cancellation fee in accordance with paragraph 4.3 after an overdue notice had been issued to the Client.
3. Services and Changes
3.1 The total price of the course for which you have booked includes as described in the course description and price lists, the accommodation price (half board or full board) and the music course. Not included in the course price are: Your arrival and departure costs and any insurance premiums.
3.2 Your Music Holiday course begins and ends on the exact dates stated in the corresponding course description.
3.3 Any necessary changes that occur in services that were not as agreed in the GTC after the agreement is concluded that do not in any way bring the course Organizer in bad light, these shall only be permitted if the changes are not substantial and do not affect the overall quality of the course. The Organizer is permitted in principle to make changes as needed to the choice of hotel and the course lecturers. The organizer may reduce the number of faculty members for a course despite the description of two or more teachers to conduct it efficiently has been given, if a sufficient number of Client bookings is not achieved.
3.4 Potential warranty claims remain unaffected if the altered services are defective.
3.5 The course organizer is obliged to inform the Client immediately of significant changes to services, as soon as the reason for change is known.
3.6 In the case of a substantial change made to an essential service or product by the Organizer, the Client is entitled to withdraw from the GTC Agreement or to demand participation in another course of equivalent value if the course Organizer is in a position to offer such a course at no extra cost to the Client. The Client has the right to claim this immediately after the course Organizer has announced the reasons for the alteration of service or cancellation of the course.
4. Withdrawal by Client prior to the course and related cancellation fees.
4.1 The Client can withdraw at any time before the start of the course. The reason for withdrawal must be declared to the course organizer at the specified address (registered office). The Client is advised to provide a Notice of Cancellation in writing.
4.2 If the Client withdraws from participation prior to the course begin, the course Organizer loses his revenue in the course fee. In lieu of the loss, the course Organizer, provided that the cancellation is not caused by him nor were it a case of force majeure, may demand from the Client an appropriate compensation of the respective course fee.
4.3 The course Organizer has scaled this compensation claim in accordance to the timing of Client Withdrawal, i.e. a lump sum based on a percentage ratio of the total fees (Course + Boarding + Rentals, etc) with consideration to the time distance of withdrawal against the scheduled date of the course according to the Agreement and the calculation of compensation for generally spared expenses and any other possibilities for new application of the coursework. The compensation is calculated from the date of receipt of the Notice of Cancellation by the Client as follows:
from 61 days before Course starting date - Free of Charge
until 60 days before Course starting date - 30 % of total fees,
until 30 days before Course starting date - 50 % of total fees,
until 7 days before Course starting date - 75 % of total fees,
48 hours before Course starting date - 100 % of total fees.
Course starting date = Agreed date of Arrival
4.4 The Client has the liberty in any case to prove to the course Organizer, that the damage incurred upon the Organization due to Client's withdrawal is significantly less than the compensation lump sum required of him/her.
4.5 The course Organizer reserves the right to demand a higher sum as specific compensations than the amount scaled initially, as long as he can prove that incurring costs resulting from Client withdrawal are considerably higher than the lump sum initially scaled. In this case, the course Organizer is required to quantify and document his/her demand for the specific compensation, taking into consideration any spared expenses and possibilities for new application of the coursework.
4.6 Should a need arise for a substitute participant to take the place of a registered participant (the Client) through his/her mediation, the Organizer is entitled to charge the registered client a fixed fee of CHF 25.- toward additional administrational costs. If the Organizer provides a replacement for the registered Client, which is only possible at the time of cancellation, not later - this fee will increase to CHF 50 -. The substitute participant chosen by the organizers would be the next potential participant on the waiting list for the course on a sold-out rate. The placement of a substitute by the organizer can only be made from the 45th Day until the seventh Day before the course begins, as long as an interested party is present and available.
5. Transfers. Any request from the registered Client after the Agreement is concluded to make changes to the travel date, destination, place of departure, accommodation or means of transportation (transfer) will not be accepted. If a registered participant (the Client) requests a transfer prior to the course begin from the 45th day until the seventh day, to another course during the same time period and location of the scheduled course, the Organizer is entitled to charge an additional fixed sum of CHF 25, - to cover administrational costs. Short-term transfer requests may not always be accepted. Transfers as in postponement to the following year are not possible.
6. Unused services. If the Client declines or is unable to receive properly the offered services in the courses, on the grounds of personal responsibility (e.g. because of premature return or for other compelling reasons), he/she is not entitled to a pro rata refund of the course fee. The course Organizer will seek reimbursement of the spared expenses by the service providers as best as possible. This obligation does not apply if it is totally irrelevant or if a refund is contrary to legal or regulatory provisions.
7. Cancellation due to unachieved minimum number of participants.
7.1 If the minimum number of participants stated in the course description is not achieved, the Organizer is entitled to cancel the event latest two weeks before the seminar.
7.2 If conducting a course is not feasible despite all reasonable possibilities exhausted due to low booking demand that does not cover costs incurred by the Organizer, the Organizer is entitled to cancel the seminar four weeks before client departure schedule.
7.3 In case of cancellation on the Organizer's part, the registered Client will receive all payments back that was previously made for the said course.
7.4 Already incurred costs for the Client, e.g. for trip cancellation insurance and travel costs (train, plane tickets, etc.) cannot be refunded in the event of cancellation by the Organizer.
8. Termination for behavioral reasons. The course organizers may cancel the contract price without prior notice, if the participant (the Client) despite warning from the course Organizer continues to create disturbance or is in breach of the contract to such an extent that an immediate cancellation is justified. In the event of cancellation by the course Organizer, the Organizer retains the right for the payment and price of the course. However, he must deduct the value of spared expenses and any other benefits that can be gained through the application of unused capacity elsewhere, including that of any service providers refunded amounts that are appropriate.
9. Duties of the Client.
9.1 As serious deficiencies or shortcomings that may be found in a course are not acceptable features under Agreement, the Client may demand remedy. The Client is obliged to notify the course Organizer immediately if any shortcoming is encountered during the course. If he/she fails to do so, no reduction in the price would be considered. This applies also when the notice is unfounded or otherwise unreasonable. The Client is obliged to give immediate notice of deficiencies or shortcomings found in the holiday resort at the resort office/address. Any deficiencies detected in the course must be notified at the course Organizer's registered office/address. About the accessibility of the course line or the course organizer is the customer in the service description, but no later than taught with the course materials. The Client is instructed to obtain the course conductors' and/Organizer's contact details in the course description printed in their catalogue or website.
9.2 Course Materials: The Client must inform the course Organizer in writing if the required course materials (such as confirmation, directions) are not obtained within the time limit notified by the course organizer.
10. Beschränkung der Haftung
10.1 The course Organizer's liability is limited to three times the price of the course for damages, other than physical injury,
a) provided that the damage is caused neither intentionally nor with gross negligence or
b) if the course provider is made responsible for the loss or damage incurred due to the fault of a service provider.
10.2 The tort liability of the course organizers for damages that are not based on intent or gross negligence is limited to three times the course price. This maximum amount applies per customer and price.
10.3 The course organizer is not liable for performance, personal injury and property damage in connection with services that are arranged as external services (such as trips, sports events, theater performances, exhibitions, transport services to and from the advertised departure and destination), if these services are explicitly stated in the course description as third-party services that are confirmed and identified by the Client as third party contractors that are not part of the course team or the course Organizer. The course organizer is liable, however:
a) for services which involve the transfers of the Client from the advertised starting place of the journey to the advertised destination, intermediate transportation during the course and accommodation during the course
b) if and insofar as any damage or injury to the Client occurs during and because of the education or organizational activities of the course
11 Exclusion of claims. Demands from Clients for provision not included in the GTC Agreement must be made within one month after the agreed time of course conclusion. The assertion of this time limit can only be compared with the course Organizer at the following / address given above. After the deadline, the Client may only assert claims or demands if he/she has been prevented from meeting the deadline.
12.1 The Client's claims arising from injury to life, limb or health caused by an intentional or negligent violation of the course organizer or a legal representative or agent of the course organizer expire in two years. This also applies to claims for compensation for other damages based on intentional or grossly negligent breach of duty of the course organizer or a legal representative or agent of the course Organizer.
12.2 All other claims are limited to one year.
12.3 The limitation period commences on the day following the day of the agreed end of the course.
12.4 The limitation period for any talks about the claim or the circumstances giving rise to the claim between the Client and the course Organizer, is suspended until the Client or the course Organizer refuses to continue negotiations. The limitation period shall expire no earlier than three months after the suspension ends.
13 Choice of Law. The contractual relationship between the customer and the course organizer is exclusively based on Swiss law. This also applies to the entire relationship. In cases where the Client is against the course Organizer for liabilities based on laws from abroad, references to the legal consequences, especially regarding the nature, extent and level of Client claims will be adhered exclusively to Swiss law.
14.1 The Client can sue the course Organizer only in his regional jurisdiction.
14.2 For actions brought by the course Organizer to the customer, the Client's residence shall prevail. For complaints against Clients or contractors of the course contract, the merchants, legal persons under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence at the time the complaint is not known, it is agreed that the domicile is of the course Organizer.
14.3 The foregoing provisions shall not apply:
a) if and insofar as contractually mandatory provisions of international agreements that are on the course price of the Agreement between the Client and the course Organizer to use something else in favor of the Client, or
b) if and to the extent applicable to the contracted course price, not mandatory provisions in the EU Member States and Switzerland, where the customer belongs, cheaper for the customer than the following provisions or the corresponding Swiss regulations.
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