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General Terms Conditions

General Terms & Conditions

 
GENERAL TERMS AND CONDITIONS OF MANDALI FOUNDATION, HAVING ITS REGISTERED OFFICE IN QUARNA SOPRA, ITALY, REFERRED TO BELOW AS THE FOUNDATION

Article 1 - The Foundation
The Foundation is a not for profit organization under Dutch law having its registered office in Landsmeer The Netherlands, the Foundation has an Italian branch, having its registered office in Quarna Sopra, Italy.

Article 2 - Applicability Term and Conditions
These Terms and Conditions govern all packages offered by the Foundation trough the website mandali.org and are applicable for all retreats, workshops, seminars and gatherings on forementioned website and thus form an integral part of all packages with respect to the sale, grant and supply of packages to said Events. The terms and conditions of the teachers/organizers of said events are applicable.

Article 3 - Package
The standard packages offered by the Foundation contain the mentioned overnight stays, full board and teaching fees. The package can vary depending on the request of the booker(s).

Article 4 - Package information
The Foundation will design the website in such way that all necessary information about the offered package is shown to the booker before the booker continues to the buying process and acceptance of the offered package. The information consists of at least;
a. general information of retreat, workshop or seminar,
b. general information of the accommodation/room
c. (optional) information about the transfer
d. (optional) information about extra’s
e. general information about payment terms.

2. If the agreed package is advertised in a publication of the Foundation, the details contained therein form part of the package.
3. If the Foundation has included general provisions in the general part of the package which are in conflict with the terms and conditions of another party which is providing the service such as the teaching, the provisions of the third party will prevail.
4. The Foundation is not responsible for general information in photos, brochures, adverts, websites and other information carriers insofar as produced or published under the responsibility of third parties.

Article 5 - Creation and content of contract
1. Offer and acceptance
a. The booking is created upon the bookers acceptance of the Foundation package offer by completing the booking process on the website. After the booking, the booker receives confirmation as soon as possible, either on paper or electronically, optionally in the form of an invoice.
b. In the case of a booking via Internet, the Foundation designs the buying process such that, before acceptance, the booker is informed that he is accepting the offer and that the booking is definitive. By confirming the booking to the Foundation, the booker is committed to the booking.
c. By accepting the offer the booker(s) agree to the terms and conditions of the service providers which are included in the package such as the teacher/event organizer.

Article 6 - Bookers duty of disclosure
a. The booker will provide the Foundation, before or no later than at the time of concluding the contract, with all details about him/herself and the other person(s) for whom he/she has bought the package that may be relevant to the conclusion or fulfillment of the contract. Details include the booker(s) mobile phone number and e-mail address, if available.
b. Furthermore, he/she will mention any details regarding the nature or composition of the group whom he/she has booked that may be relevant to the proper fulfillment of the agreed package. If he/she fails to meet this information requirement and the Foundation is consequently compelled to exclude said person(s) from (further) participation in the package, the costs will be charged to him/her.

Article 7 - Withdrawal of offer
The offer of the Foundation is made without obligation and can be withdrawn by the Foundation if necessary.
Withdrawal in order to correct errors in the calculation of the package sum, or other errors, is permitted. In this case, the booker has a right to prompt reimbursement of any moneys paid.

Article 8 - Evident errors
Evident errors and evident mistakes are not binding upon the Foundation. Such errors and mistakes are errors and mistakes which from the perspective of the average consumer were or should have been instantly recognized as such.

Article 9 - Essential medical needs
a. Alternatives or additions to the package offered by the Foundation may be requested on medical grounds (essential medical needs). The Foundation will make a genuine effort to meet these requests unless it cannot in all reasonableness be expected to do so. Essential medical needs are subject to the express written approval of the Foundation.
b. In this case the Foundationis entitled to charge the following costs:
- the organization costs arising from the alternative or additional service requested up to 25,00 per booking.
- any extra costs charged by service providers involved in the fulfillment of the requested essential medical needs.
- communication costs.

Article 10 - Non medical essential needs
The Foundation shall exclusively consider requests regarding non-medical essential needs (other essential needs) if there is a reasonable chance of meeting such a request. In this case, the Foundation is entitled to charge the following costs:
- the organization costs arising from the request of 25,00 per booking
- any extra costs charged by service providers involved in the fulfillment of the request.
These requests also require the express written approval of the Foundation.

Article 11 - The booker
a. Any person who enters into a contract on behalf of or for the benefit of another person or a group of persons is severally liable for all obligations arising from the contract.
b. All communications and transactions (including payments) between the person for which the package has been booked by another person or between a group of persons on the one hand and the organization on the other hand are exclusively conducted through the booker.
c. The (other) person(s) is/are each liable for their own share.

Article 12 - Payment
In case the package is booked via Internet, the package sum must be paid immediately and in full unless the booker booked in time to opt for a payment plan. The organization accepts the following credit card payments, Visa, MasterCard. Also the organization will make it possible to pay immediately through third parties on the internet such as Ideal or Paypal.

Article 13 - Travel sum
The advertised package sum applies per package, unless otherwise indicated. The advertised sum is based on the prices, exchange rates, levies and taxes as known to the Foundation at the time the publication went to press. The invoice will include all essential parts of the package.

Article 14 - Package documents
1. The booker will receive directly after payment of the package the confirmation via email. With the confirmation the booker can check in.
2. If the booker has not yet received the required documents by at most 5 working days before the event, he/she will notify the Foundation without delay.
3. a. If a package is booked within 10 days before the day of the event the Foundation will indicate when and in what manner the required documents will be placed in the possession of the booker.
3. b. If the booker has not received these accordingly, he/she will notify the Foundation without delay.

Article 15 - Retreat, workshop or seminar information
The Foundation will provide the booker on forehand through their website of all necessary information about the event which is part of the package. The information on the website is based upon the information given by the organizer to the Foundation.

Article 16 - The booker(s) obligations
The booker(s) is/are obliged to comply with all instructions of the Foundation and the service providers such as the event organizer

Article 17 - Aid and assistance
1. a. The Foundation is obliged, depending on the circumstances, to afford the booker aid and assistance if the package does not live up to the expectations that the latter could reasonably have on the grounds of the information.
1. b. If the cause is attributable to the booker(s), the organizer is only obliged to afford aid and assistance insofar as this can be reasonably required. In this case, the costs are borne by the booker.
2. If the package of part of the package fails to meet the expectations that the latter could reasonably have on the grounds of the contract due to circumstances attributable to neither the booker nor the Foundation, each party will bear its own loss.

Article 18 Travel Documents
1. The booker him/herself is responsible for obtaining any necessary means of travel and information from the authorities about passports and visas and also for making timely enquiries before departure to ascertain whether the earlier-obtained information has not changed in the meantime.
2. The booker him/herself is responsible for obtaining any necessary additional information from the authorities and also for making timely enquiries before departure to ascertain whether the earlier-obtained information has not changed in the meantime.
3. The booker him/herself is responsible for having the required documents on their person, such as a passport that meets all the requisite validity criteria, or, where permitted, a tourist identity card and any required visas, proof of inoculations and vaccinations, driving license and green card.

Article 19 - Changes instigated by the booker
1. After the creation of the contract the booker may request changes to the package subject to availability. This is subject to the condition that the booker pays the changed sum less any payments already made.
2. Rejections will be motivated with reasons and promptly communicated to the booker. The booker can maintain or cancel the original package. If the booker fails to respond to the rejection of his/her request, the original package will be carried out. If the booker cancels the package, art 20 is applicable.

Article 20 - Substitution
1. The booker may allow him/herself to be substituted by another person, provided this takes place in good time before the event date. In addition he/she is required to the pay booking change costs and any communication costs. A decision about the request will be taken as soon as possible. Personal details of the substituted person will have to be provided in the booking system by the booker no more than one week prior to the event
2. Substitution is subject to the following conditions:
a. the other person meets all conditions governing the contract; and
b. the conditions of the service providers involved in the fulfillment of the contract do not oppose such a substitution and must fulfill the terms and conditions of the service provider. The Terms and Conditions of the service provider are fully applicable; and
c. the request is submitted no more than 7 days before departure or in sufficient time to permit completion of the necessary actions and formalities.
3. The applicant, the booker and the substitute are severally liable vis-a-vis the Foundation for the payment of the outstanding part of the sum, the costs of the change and communication costs and any extra costs resulting from the substitution.

Article 21 - Cancellation by the booker
The package as booked is not refundable when cancelled by the booker after completing the booking process and payment

Article 22 - Cancellation by the Foundation
1. The Foundation has the right to cancel the package on account of weighty circumstances.
2. Weighty circumstances are circumstances that are of such a nature that the Foundation can no longer be reasonably required to fulfill the package.
3. a. If the cause of the cancellation is attributable to the booker, the booker is liable for the resulting loss.
b. If the cause of the cancellation is attributable to the Foundation, the Foundation is liable for the total amount of the package which has to be refunded to the booker.
c. If the cause of the cancellation is attributable to neither the booker nor the organizer, each party bears its own share of the loss.
4. In case the event, will be cancelled by the event organizer, the Foundation will reimburse clients the full amount of the package. The Foundation will inform the client immediately after being informed by the event organizer that the event has been cancelled. The Foundation can not be held responsible or liable for any costs the booker made through parties other then the Foundation. The Foundation will not reimburse any other costs or damages in case of cancellation of the event.

Article 23 - Changes instigated by the Foundation
1. a. The Foundation has the right to make changes to the agreed package on the grounds of weighty circumstances.
2. He shall notify the booker of said circumstances within 72 hours (3 working days) of the moment that the organizer made the change. From 7 days before the event, these circumstances must be communicated within 24 hours (1 working day).
3. In the event of a change, the Foundation will make the booker an alternative offer if possible. This offer must be made within 72 hours (3 working days). From 7 days before the departure, the applicable term is 24 hours (1 working day).
4 The alternative offer must be at least equal to the original offer. The assessment referred to here must take account of:
5. The booker who has the right to reject the change or the alternative offer on the grounds of the previous paragraphs must make this known within 72 hours (3 working days) of receiving advice of the change or the alternative offer. From 7 days before the event, the applicable term is 24 hours (1 working day).
b. In that case the Foundation has the right to cancel the booking with immediate effect. It must exercise this right subject to forfeiture within 72 hours (3 working days) of the booker receiving the rejection. From 7 days before the departure, the applicable term is 24 hours (1 working day).
In that case the booker is entitled to waiver or restitution of the sum (or, if part of the package has already been completed, to restitution of a proportionate part thereof) within 2 weeks.
6. a. If the cause of the change is attributable to the Foundation, the organizer is liable for the resulting loss to the booker.
b. If the cause of the change is attributable to the booker, the booker is liable for the resulting loss.
c. If the cause of the change is attributable to neither the booker nor the travel organizer, each party bears its own share of the loss.

Article 24 - Liability and force majeure
1. Without prejudice to the provisions in articles 10 and 11, the Foundation is obliged to fulfill the package in accordance with the expectations that the booker was reasonably entitled to have on the grounds of the information given by the Foundation.
2. If the package fails to meet the expectations referred to in paragraph 1, the booker is obliged to advise those involved as soon as possible.
3. If the failure to fulfill the contract is due to force majeure as mentioned in paragraph 4 of this article, no liability lies with the Foundation.
4. Force majeure refers to abnormal and unforeseeable circumstances that took place independently of the will of the person invoking such circumstances and the consequences of which could not be avoided despite all precautions.

Article 25 - Exclusion and limitation of Foundations liability
1. a. If any service included in the package is governed by a Treaty that acknowledges or permits exclusion or limitation of the service provider's liability, the Foundations liability is accordingly excluded or limited.
b. Nor is the Foundation liable if and insofar as the booker has been able to claim his/her loss under an insurance policy, such as a travel and/or holiday cancellation insurance policy.
2. The exclusions and/or limitations of the Foundations liability included in this article also apply to the staff of the organizer, the booking office and the service providers involved, as well as their staff, unless this is excluded by a Treaty or Act.

Article 26 Dispute and applicable Law
These General Terms and Conditions are governed by Dutch law. In case there is a dispute between the booker and the Foundation the Dutch court seated in Amsterdam will be competent.
 
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