General Terms and Conditions

Version 2024-09-01

Article 1. Definitions

In these general terms and conditions the following terms have the following meaning 

Heart of India established at Gelderseplein 23, 6834 CA Arnhem – Netherlands, registered in the Trade Register of the Chamber of Commerce under number: 59384549.
Heart of India also presents its activities under the names Indian Classic Yoga or Centre Lothlorien, The Yoga Institute France. In this document the name Heart of India is used.

Agreement: the agreement which is established at the moment the booker has made a reservation for a service, by which Heart of India commits itself towards the booker to carry out the relevant prearranged activity. 

Booker: the visitor of the website with whom Heart of India has made an agreement, which is subject to the general terms and conditions. 

Participant: the booker or a third person for whom the booker makes a reservation and for whom Heart of India will perform the activity.

Reservation form: A form prepared by Heart of India by which the booker requests to enter into an agreement with Heart of India, under the conditions applicable at Heart of India.

Article 2. Realization of the agreement:

The agreement is concluded by the booker’s acceptance of Heart of India’s offer, whereby the booker makes a reservation and receives a confirmation from Heart of India. The person making a reservation for other participants is jointly and severally liable for all others he/she registers. In case of a registration of a minor, the written permission of the legal representative is necessary.

Article 3. Payment:

3a. After booking a course week or retreat, the booker must pay a deposit of 50% of the total reservation value. Only after receipt of this payment is the reservation final. The balance can be paid by the participant on site. 

3b. After booking a 1-month Yoga Teacher Training Course at Centre Lothlorien, the booker must pay a deposit of EUR 1510. Only upon receipt of this payment will the reservation be final. The balance can be paid by the participant on the spot.

3c. After booking Yoga Teacher Training Course or annual training in the Netherlands, the booker has to pay a registration fee. The relevant amount is mentioned on the course information page and in the confirmation. Only upon receipt of this payment is the reservation final. For the remaining amount, the participant will receive an invoice on a predetermined date.

3d. For activities where no deposit has been requested, the booking is final once it is confirmed by Heart of India. The value can be paid by the participant on the spot.

3e. It is possible to make arrangements to pay in instalments. In this case, the payment terms agreed in writing will apply.

3f. In case the participant is in default or breach of financial obligations, all reasonable costs for obtaining payment in and out of court will be charged to the booker.

Article 4. reservation confirmation:

Within 7 days after receiving the reservation form Heart of India will send the booker a confirmation of the reservation.

Article 5. Changes and cancellations by the customer:

After making the reservation, the booker may wish to make a change or cancel. Changes to the booking are only possible in consultation with Heart of India.

5a. In case of cancellation of a course week or retreat by the booker, up to 2 months in advance, the entire amount of the deposit will be refunded. Between 2 months to 1 month in advance, half of the deposit will be refunded. After that, there is no right to a refund. In case the participant chooses to discontinue the program after the starting date the participant is not entitled to a refund or a reduction on the total reservation value.

5b. In case of cancellation of a 1-month Yoga Teacher Training Course at Centre Lothlorien by the booker, up to 2 months in advance the whole amount of the deposit will be refunded. Between 2 months to 1 month in advance, half of the deposit will be refunded. After that, there is no right to a refund. In case the participant chooses to discontinue the program after the starting date the participant is not entitled to a refund or a reduction on the total reservation value.

5c. In case of cancellation of a Yoga Teacher Training Course or annual training in the Netherlands by the participant, no refund will be given on the registration fee. If the participant chooses to terminate the programme after the start date, an amount of EUR 200 for each full calendar month missed will be deducted from the total booking value on the invoice or refunded as payment.

5d. In the event of an agreement to pay in instalments, in the event of cancellation or if the participant discontinues the programme, the payment obligation does not lapse. The cancellation arrangements in 5a, 5b and 5c remain in force.

5f. If the participant is in default or in breach of financial obligations, all reasonable costs incurred to obtain payment in and out of court shall be borne by the booker. 

Article 6. Changes and cancellations by Heart of India:

1. In case of insufficient participation, Heart of India reserves the right to cancel an activity. You will be notified in writing at least three weeks in advance.
2. If the course cannot take place due to governmental measures or as a decision of Heart of India, the full amount of the deposit will be refunded.
   
3. Heart of India reserves the right to make changes to the programme if important circumstances arise. Important circumstances are circumstances which are of such a nature that further binding of Heart of India to the agreement cannot reasonably be expected. In this case, Heart of India will make an equivalent alternative proposal. This obligation lapses when the change can be attributed to the booker.

Article 7. liability: 

Heart of India accepts no liability for personal injury or damage to property of participants, nor any liability resulting from events during the activity. If the activity does not proceed as expected by the participant on the basis of the agreement, the participant is obliged to inform Heart of India as soon as possible. Any damage will be compensated by Heart of India unless the failure in the fulfillment cannot be attributed to Heart of India nor to the person whose assistance it uses in the execution of the agreement, because: The failure to fulfill the agreement is attributable to the participant. The failure to perform the agreement could not be foreseen or overcome and is attributable to a third party not involved in the delivery of the activity. The shortcoming in the fulfilment of the agreement is due to an event which Heart of India or the person whose assistance Heart of India uses for the fulfilment of the agreement could not, with due observance of all possible care, have foreseen or overcome. Force majeure: abnormal and unforeseeable circumstances which are independent of the will of the person who invokes them and the consequences of which could not be avoided despite all precautionary measures. If the activity does not go as expected by the participant on the basis of the agreement due to circumstances that can neither be attributed to the participant nor to Heart of India, each shall bear his own damage. Heart of India is never liable for any damage for which a claim for compensation exists on the basis of a travel and/or cancellation insurance. In case Heart of India is liable for loss of an activity, the compensation shall not exceed one time the reservation value. 

The liability waiver is part of the general terms and conditions and the agreement. If the booker or participant does not agree with the provisions therein, Heart of India may decide not to allow the booker or participant to participate in the activities.  

Article 8. obligations of the participant: 

The participant who causes such nuisance or inconvenience that the proper execution of an activity is hindered, may be excluded from the activity by Heart of India All resulting costs are for the account of the participant.

Article 9. complaint handling: 

A perceived shortcoming in the execution of the agreement has to be reported as soon as possible to Heart of India, in order for it to find an appropriate solution. If a shortcoming is not solved satisfactory, it has to be reported in writing and motivated to Heart of India, at the latest within one month after the end of the activity. You will receive a written response within 30 days. 

Article 10. dispute resolution: 

In case a formal complaint is not resolved to the satisfaction of the complainant, the complainant can turn to the dispute committee which Heart of India has joined.