Terms and Condotions Allgemeine Geschäftsbedingungen
1. Scope of Application
(1) For the business relationship between Virya Meditations - Dr. Heiko Barg (hereinafter referred to as Virya Meditations), accessible at the web address www.virya-meditationen.de, and its customers (also referred to as course participants, students, users), the following General Terms and Conditions in their valid version at the time of the order apply. Deviating, conflicting, or supplementary terms and conditions do not become part of the contract, even if Virya Meditations is aware of them, unless their validity is explicitly agreed upon in writing.
2. Object of the Contract
(1) The use of paid services is only allowed for minors with the consent of their parents.
(2) The contract for services is concluded with course participants upon confirmation via email.
(3) Virya Meditations reserves the right to reject inquiries and registrations without providing reasons.
(4) The subject of Virya Meditations' services is the requested service, such as meditation courses.
(5) Virya Meditations is free to redesign the website, change or remove topic areas, or expand, modify, restrict, or terminate the offering in other ways at its own discretion. Users do not have claims arising from this. Virya Meditations cannot be held liable for internet outages, phone interruptions, or similar issues.
(6) Information provided by Virya Meditations is not intended to replace professional advice from relevant professions (e.g., doctors, psychologists, lawyers). Meditations and relaxation techniques taught by Virya Meditations are intended for healthy individuals and, in terms of primary prevention, aim to maintain health. The courses or provided information are not intended to be treatments and do not replace diagnosis and treatment by a medical doctor or naturopath. Each participant acts at their own risk.
(7) Virya Meditations' prices include the statutory value-added tax.
3. Registration for Courses
(1) Telephone inquiries, form or email messages do not count as registrations unless otherwise agreed in writing.
(2) You will receive a registration confirmation by email. If you do not receive it within a few hours (when registering online through the website form) or within 3 to 7 days (for postal registrations), please contact us.
(3) Registrations are made after prior contact (see § 3.2). Online registrations via the website or those agreed upon by email are legally valid even without a signature, unless revoked within 14 days (see revocation instructions in the email registration confirmation). Registration is binding, subject to the provisions of § 6 (Cancellation of Training and Seminars).
4. Payment Terms
(1) The amount of the respective course fee can be found in the current media of Virya Meditations. In case of discrepancies between online advertisements and print versions, the website of Virya Meditations is exclusively authoritative.
(2) The course participant or student will receive an invoice. This must be paid within 14 days by bank transfer to the German bank account of Virya Meditations. Participants with an email account agree to receive the invoice by email.
(3) All prices are in EURO. As a small business owner according to § 19 para. 1 UStG (German Value Added Tax Act), no value-added tax is charged.
(4) The contracting party is obliged to settle the invoiced amount within three weeks after invoicing at the latest. The authorization to participate is granted as soon as the invoice amount has been received in full. For registrations within three weeks before the start of the event, the invoice amount becomes due immediately.
(5) If the participant is more than ten days overdue with payment after the due date of the invoice, Virya Meditations is entitled to send the participant a first reminder. The reminder fees of €5, including postage costs, are also to be paid by the participant. The booking date of our bank is decisive for successful and timely payment of the invoice.
(6) In case of default, Virya Meditations is entitled to charge default interest of 5% p.a.
(7) If the full invoice amount is not paid at the beginning of the event, Virya Meditations is entitled to exclude the participant from the event until full payment is received.
5. Cancellation and Rescheduling
(1) Cancellations and rescheduling must be submitted exclusively in written form, by email or mail, and are only valid if you receive a written confirmation (by email or mail) from us. The receipt by Virya Meditations is decisive.
(2) In case of hindrance, the participant can provide a substitute participant until the last day before the course day, who will attend the event on their behalf. The substitute participant must meet the same requirements (such as meditation experience, similar age, similar physical capacity) for course participation as the original participant. Virya Meditations will decide whether the substitute participant can replace the original participant in the course. In case of non-appearance or course abandonment, 100% of the respective course fee is payable. The participant reserves the right to prove that Virya Meditations has incurred lower damages.
(3) If the participant cancels up to 4 weeks before the course starts, a processing fee of €15 is to be paid.
If cancellation, withdrawal, or rescheduling occurs:
Between 2 and 4 weeks before the start of the event, no cancellation fees will be charged, only a rescheduling fee of €25 if the participant chooses an alternative date. Otherwise, cancellation costs of 25% of the respective course fee are payable.
Thereafter, 100% of the respective participation fee is due.
(4) If the participant chooses an alternative date, the rescheduling fee of €25 must be paid up to 2 weeks before the date. After that, rescheduling is no longer possible and is equivalent to a cancellation.
6. Cancellation and Changes to Courses
(1) Virya Meditations reserves the right to change or cancel the advertised dates, venues, content, and schedules of the events. These changes will be announced up to 3 days before the start of the event. For substantial reasons, such as illness of instructors, force majeure, or insufficient number of participants, Virya Meditations is entitled to cancel the events even at short notice, with a full refund of already paid participation fees. Further claims for damages do not exist. When booking hotels and travel, please note that there is no entitlement to reimbursement of costs incurred due to event cancellations.
(2) If a performance by Virya Meditations cannot be provided at the agreed time due to force majeure, illness, accident, or other circumstances not attributable to Virya Meditations, Virya Meditations is entitled to provide the service at a mutually agreed-upon date. This is done without any liability for damages. If the parties cannot agree on a new date within a reasonable time, the contracting party can withdraw without incurring costs.
(3) Participants will be informed about cancellations via the communication data provided during registration, e.g., via email and/or telephone or answering machine. Virya Meditations is generally not liable or otherwise accountable for incorrect contact information and any resulting damages.
7. Force Majeure and COVID-19
(1) If, due to measures imposed by the respective federal state in which the educational event is to take place, or due to orders from the federal government for the entire country, Virya Meditations cannot conduct an event in person because of Covid-
19 or force majeure, and no other in-person date is possible for the participant, Virya Meditations will refund already paid fees.
(2) Virya Meditations adheres to the applicable regulations of the federal states and the federal government when conducting events. In addition, the following individual measures are taken to protect course participants and instructors:
Participation in Virya Meditations' in-person courses requires adherence to the so-called 2G-Plus rule: participation is only possible for vaccinated or recovered individuals with a current rapid test that can be conducted on-site.
8. Rights and Obligations of Course Participants and Students
(1) The information required for registration must be provided truthfully and completely.
(2) Personal data will not be disclosed to third parties or used for advertising purposes, but serve only for billing and communication purposes by Virya Meditations.
9. Liability
(1) Virya Meditations is liable for damages other than injury to life, body, and health only in case of willful or grossly negligent breach of duty or willful or grossly negligent breach of duty by its vicarious agents. Virya Meditations is not liable for accidents, theft, or damages of any kind. Each participant is responsible for supervising their personal property.
(2) The documents and information provided during the courses are created to the best of our knowledge and belief. Liability and warranty for the correctness, timeliness, completeness, and quality of the content are excluded.
(3) Participants confirm that they are physically and mentally healthy and do not have any special restrictions or conditions that need to be considered during the training. Any such limitations should be indicated during registration.
10. Copyright
(1) Participants are informed that the copyright of all publications, such as training materials and course materials, belongs to Virya Meditations, and their further use of any kind, including reproduction or distribution to third parties, requires the written permission of the owner of Virya Meditations, Dr. Heiko Barg.
(2) Violations will be subject to a penalty of €3000 for each individual case. Further claims for damages are not affected by this.
(3) Participants do not acquire any rights to the use of intellectual property rights, trademarks, course names, or promotional materials for the respective event or course format.
(4) Photography by participants during the courses is prohibited. Audio or video recording (e.g., using mobile phones, audio recorders, video cameras, etc.) of the event or parts thereof is prohibited for participants and will result in immediate exclusion from the event and may lead to claims for damages.
11. Jurisdiction
(1) Jurisdiction is Grünstadt.
12. Consumer Arbitration, Information according to § 36 VSBG
(1) Virya Meditations is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
13. General
(1) If a trusting learning environment is jeopardized by the behavior or attitude of a person in the group, Virya Meditations reserves the right to exclude this participant.
(2) Compensation claims, etc., are excluded for the points listed under 1.
14. Severability Clause
(1) If individual parts of the terms and conditions are ineffective, the validity of the remaining provisions remains unaffected. In this case, the parties acknowledge the valid provision that comes closest to the intended purpose of the ineffective provision in terms of content.