Terms and Conditions
Bali Yoga Wien
TERMS AND CONDITIONS (Studio)
of Bali Yoga Wien, sole ownership Beate McLatchie, Gußhausstrasse 2/IX-XI, 1040 Wien (in the following: Bali Yoga Wien)
These terms and conditions apply to all services offered by Bali Yoga Wien, specifically to open classes (defined as yoga practice without prior registration and published in form of a written schedule) and workshops (special classes, including special courses, e.g. beginner’s courses with prior registration). By purchasing a valid product that gives the customer (in following: student) the right to participate in any of the above mentioned services, the student accepts the following terms and conditions:
1. Individual rights of use
a.) Purchase of a valid card/long term membership or registration to a workshop or Beginners course enables students to use the facilities of Bali Yoga Wien during the course of the class/workshop, as well as, 20 minutes before and after practice. The student may use the facilities of Bali Yoga Wien for the purpose of getting changed and taking a (short) shower. If a staff member of Bali Yoga Wien asks the student to identify themselves the student is obliged to do so. In case of refusal, the student may be denied access to the studio and classes/workshops.
b.) Generally, all services offered by Bali Yoga Wien are available to students. However, a legal right to any of these services does not exist. The number of class and workshop participants is limited. Some services may require specific personal conditions to be met by the student. If personal conditions are not met, Bali Yoga Wien has no obligation to render services to the student
c.) Participation in classes and workshops is only possible if students arrive at the studio on time. Due to organizational reasons and consideration of other participants, students arriving late will not be admitted once classes/workshops have started.
d.) The student is required to behave in a non-disruptive manner as to not disturb classes/workshops, not break any objects found in the facilities of Bali Yoga Wien and not affect other participants negatively. During practice students are required to keep noise levels to a minimum. Smartphones, mobile Phones and other electronic devices are not permitted in the practice rooms (shalas). Out of consideration for other participants, students are required to adhere to the above stated rules. In case of severe violation of these rules and other directions given by Bali Yoga Wien staff members, for example through threatening behavior, verbal and physical abuse, sexual predatory behavior, theft, and insufficient hygiene, the student might be prohibited from entering the premises of Bali Yoga Wien permanently, irrespective of any membership or pass they might hold. Bali Yoga Wien is not required to reimburse the students for purchased products in such an event. To avoid conflicts amongst participants and to ensure the smooth running of classes/workshops, Bali Yoga Wien further has the right to deny rendering of services without stating the reasons. In this case Bali Yoga Wien will reimburse students the aliquot part of their remaining membership or pass.
2. Memberships and Conditions
Students may choose from the following passes/cards/contracts:
- Schnuppern (Trial offer for anyone coming to the studio for the first time): Only valid for students who have never practiced at the studio before. Gives access to either a single yoga practice for €5 or an unlimited amount of practices within the period of 30 days for €40. Special offers such as access to classes from 7:00am to 4:00pm within 30 days for €30 may be offered sporadically. Bali Yoga Wien reserves the right to exclude certain classes from this offer. Students will be informed which classes are exempt from the “Schnupper” offer at the time of the purchase. A “Schnupper” offer is only valid for new students who are residents of Vienna, is to be paid in cash and is non-refundable and non-transferable. This offer cannot be “frozen” and then reactivated at a later time. The usage of studio mats is included at no extra cost.
- Drop In: A “Drop In” pass gives access to a single yoga practice or workshop. The usage of studio mats is included at no extra cost.
- 5 – Pass: Allows for participation in five classes within 3 months.Remaining units from expired passes will only be reactivated when a new pass is purchased within 6 months from expiry of the old pass.
- 10 -Pass: Allows for participation in ten classes within 6 months. Remaining units from expired passes will only be reactivated when a new pass is purchased within a year months from expiry of the old pass.
- 20-Pass: Allows for participation in twenty classes within 12 months.Remaining units from expired passes will only be reactivated when a new pass is purchased within 18 months from expiry of the old pass.
- Monthly Card: Allows for participation in all classes within one month from the date of purchase.
- Day – Card: Allows for participation in classes offered between 07:00am and 4:00pm within one month from the date of purchase.
- 3 – Month Membership: Allows for participation in all classes within three months from the date of purchase. The usage of studio mats is included at no extra cost.
- Long Term Contract: Allows for participation in all classes for the indefinite duration of the contract. Contracts run at least for 3 or 12 months. Long Term Contracts can be cancelled in writing per email or letter after their contractual minimum term at the end of each contractual month with a required period of notice of one month. The contractual month starts on the day the student enters into the contract through purchase of such a membership and ends a day prior of the following month (e.g. contractual month start date 5th of December, contractual month end date 4th of January)
Monthly card, three-month card holders and students with a long term contract may participate in open yoga classes published in the schedule within the contractual period provided the appropriate monthly payments are made.
If students are not making use of the services offered by Bali Yoga Wien due to reasons that lie within their control and do not warrant an extraordinary termination of the contract, students are not entitled for reduction of payment or reimbursement.
MyClubs customers may participate in open classes offered by Bali Yoga Wien. For attendance of such classes the conditions of MyClubs apply. Bali Yoga Wien reserves the right to exclude some classes from the offer. MyClubs customers may sign up for classes online. MyClubs customers are charged for all classes they are registered for, even in the case of non-attendance.
Through participating in a class offered by Bali Yoga Wien the MyClubs customer automatically agrees to these terms and conditions.
No extensions or refunds are given for passes. Passes, cards, and long term contracts are non-transferable. The right of usage can only be transferred for the attendance of workshops, before commencement of such.
Due to admission procedures also an already guaranteed place in the Yoga Teacher Training is non-transferable. Separate Terms and Conditions apply for the Yoga Teacher Training.
b.) Prices and Payment
All prices are displayed at the studio reception at Bali Yoga Wien, are final, and include 20% tax. Full payment of passes and cards is due at the time of purchase, which needs to be done before the commencement of classes/workshops. We accept cash, credit and debit card and bank transfers (e.g. when registering for a workshop). Monthly payments for Long term contracts are automatically debited through a SEPA authorization.
A €5 admin fee is charged for any changes to passes, cards or memberships (e.g. freezing, cancelation before the end of cancelation period, other special agreements, etc.)
In case of a discounted membership (e.g. a student discount) the holder of the contract is required to inform Bali Yoga Wien of any changes affecting the eligibility for such a discount. If a person is no longer eligible for a discount, normal prices apply.
Prices of indefinite contracts are adjusted to current prices on an annual basis on the date the contract started. Students are to be notified of such changes. If students object to such a change of contractual terms, the contract is to be terminated within fourteen days, effective immediately.
c.) Freezing in case of moving away, travels, illness and accidents
In the event that a student’s permanent address changes from the one they had at the commencement of their membership at Bali Yoga Wien, which leads to an unreasonable amount of travel time to the studio (one hour driving time is considered reasonable), or the student suffers from a medical condition that prevents them from attending classes (medical note required) for at least one year, the student may terminate a long term contract at the end of the month. In case of a medical condition, contracts can be terminated immediately in form of a written notice. In the case of a cancellation students are reimbursed the aliquot part of the monthly payment or will not be debited for future payments.
A €5 admin fee is charged for freezing.
In case a medical condition prevents the student from using services of Bali Yoga Wien for at least two weeks, they may, provided they can provide a medical testament, freeze the contract effective immediately without any charges.
In case of travels extending a period of two weeks, students may freeze their contract provided they can show proof of their travels through a booking reservation (hotel, flights, etc). Contracts cannot be frozen for travels or a time away of less than two weeks.
Freezing is not available for “Schnupper” offers, other discounts, and specials.
d.) Limited number of participants/schedule changes
Bali Yoga Wien offers mostly open classes. This means that attendance of the classes displayed in the schedule does not require a prior registration, but may be denied if the maximum amount of participants for a class has been reached. To reserve a spot, students may register online up to an hour before class starts. The facilities of Bali Yoga Wien have a limited capacity and therefore participation in a class cannot be guaranteed, unless students reserve their spot through prior through online registration. Students are required to arrive to class on time and are admitted in the order of their registration.
Short-term cancellation of classes due to unexpected and special reasons do not result in a price discount or a cancellation of contracts, provided the schedule of Bali Yoga Wien is otherwise adhered to and students have the option to take other open classes instead. This also applies to other schedule changes made with reasonable consideration by Bali Yoga Wien. During the summer months less classes may be offered due to the fewer amount of students practicing at the studio.
e.) Cancellations due to important reasons
1 month period of written notice
Without interfering with other rights granted through these terms and conditions, Bali Yoga Wien and students are legally entitled to cancel individual passes due to important reasons under adherence to the 1-month notice period.
f.) Cancellations of workshops, seminars, Beginners Courses
Workshops and seminars are to be paid per bank transfer before commencement of such. In case of cancellation due to medical reasons students need to show a medical certificate. The already paid fee can then be used for another workshop/seminar/course or will be reimbursed.
- Cancellation of workshops/seminars: cancellation until a week prior results in the payment of 50% of workshop/seminar fees; cancellation until two days prior results in the payment of 100% of workshop/seminar fees.
- Cancellation Beginners’ Courses/Boot Camp: cancellation until two weeks prior results in the payment of 50% of workshop/seminar fees; cancellation until a week prior results in the payment of 100% of workshop/seminar fees.
g.) Beginners Courses
- Up to two missed classes from the Beginners Course can be made up by attending a class from another Beginners Course or a Basic Open Class as outlined in the schedule.
- Due to the extra administrative work, a €5 admin fee is charged for any make up class.
- All Workshops are held with a minimum of 12 participants. In case workshops are cancelled because of less registrations than 12, workshop fees are either reimbursed or can be used by students for future workshops.
- If workshops need to be cancelled by Bali Yoga Wien for any other reasons, workshop fees are also reimbursed or can be used by students for future workshops.
3. Waver of Liability of Bali Yoga Wien
Students are made aware that Bali Yoga Wien offers lockers for the secure storage of personal belongings. Keys for lockers are to be brought into the shalas. Bali Yoga Wien is not liable for the loss of clothing items, valuables, and other personal belongings unless participation of a staff member of Bali Yoga Wien can be proven. Students use services offered by Bali Yoga Wien at their own risk. Bali Yoga Wien is not liable for accidents and any resulting injuries. Bali Yoga Wien is further not liable for injuries resulting from improper execution of exercises and asanas. Please refer to point 6) of these terms and conditions. Bali Yoga Wien’s liability for damages to personal property or material objects is limited to cases of intentional damage or severe neglect.
4. General health of students
Through purchase of a pass/card or long term contract, the students declare that they are physically healthy and psychologically stable, and they can meet the physical and mental requirement and will only in this state participate in classes or workshops. Participation in classes or workshops under the influence of alcohol or drugs is prohibited.
The services offered by Bali Yoga Wien are not a therapeutically treatment and do not substitute medical treatments under the supervision of a professional or prescription medication. Staff members of Bali Yoga Wien have the right to deny students access to classes and workshops if they have good reason to assume that the physical and/or mental condition of a student may inhibit their ability to participate in the practice.
Students declare that they are free from infectious diseases and that they have no medical condition that might prevent them from undertaking Yoga exercises. Students are required to make teachers aware of chronic diseases and other physical and mental illnesses that might impact the practice of other students or endanger them. Pregnant students need a medical clearance before participating in classes and workshops.
Student data might be used for own promotional purposes and are never shared with third parties. Students agree to have their data saved and stored in the electronic database of Bali Yoga Wien for the duration of 10 years after their last visit at the studio. All data is treated confidentially in accordance with the applicable legislation on data protection.
6. Governing law and jurisdiction
Austrian substantive law applies with the exception of relevant provisions.
Unless the KschG can be applied to the contractual relationship, any dispute between Bali Yoga Wien and the student is exclusively tied to the place of jurisdiction of the court responsible for the fourth district of Vienna.
There are no collateral agreements to these terms and conditions. Changes to these terms on conditions require a written change. If individual clauses of these terms and conditions change or become invalid, other clauses are not affected and remain valid. The clause that becomes invalid is to be replaced by one similar in economic interest and reasoning. The requirement for a written form is fulfilled by communication via email. In cases where email addresses are known, all communication between the contractual parties may take place via email.