Terms and Conditions of Design Your Own Journey GmbH

  1. Scope and Subject of the General Terms and Conditions
These General Terms and Conditions (GTC) apply to all business relationships between you and us (Design Your Own Journey GmbH, Eidmattstrasse 30, 8032 Zurich) for "DYOJ Retreats".

We reserve the right to amend these terms and conditions at any time; the current terms and conditions at the time of booking apply. Deviating and/or conflicting terms and conditions do not apply between you and us. Please read the terms and conditions and the following provisions carefully. A binding booking may only be made after reading these terms. By making a binding booking, you agree to the following conditions and our privacy policy ([https://designyourownjourney.com/dataprotection]). You also expressly declare that you are at least 18 years old and authorized to enter into legally binding contracts.

  1. Booking, Deposit, and Final Payment
Upon receipt of your booking, you will receive a booking confirmation from us. Additionally, we will provide you with the bank details for the deposit payment. Your place in the retreat is only definitively reserved upon receipt of the payment into our account. The amount of the deposit will either be agreed upon separately with you beforehand or is specified on our website. In case of cancellation by you, this amount will not be refunded. The final payment must be made no later than 30 days before the start of the retreat. Deviating written agreements remain reserved.

The booking is binding; the deposit must be paid. The same applies to the final payment. Failure to pay the final payment or the deposit does not constitute cancellation. In case of limited number of participants, registrations will be considered in the order of receipt of the deposit, with the date and time of the transfer to our account being decisive.

The aforementioned payment deadlines are to be understood as expiration dates. In case of non-compliance with the payment deadline, you will automatically be in default. In this case, we are entitled to withdraw from the contract without setting a deadline and to refuse our services. The booking can be canceled with offsetting the deposit; we reserve the right to claim further damages.

Prices and Price Changes

The prices for our offers are visible on our website. Individual agreements remain reserved. Any additional costs outside our offer, such as visa fees, tourist taxes, or other expenses mentioned in Article 7 of the Package Travel Act, are also reserved.

Price Increase: The GTC explicitly provide for the possibility of a price increase within the framework of the Package Travel Act as an integral part of the respective business relationship or contract. The price change can occur for significant reasons and be adjusted to the subsequently actually incurred costs. This applies in particular to rising transport costs, subsequently introduced charges such as tourist taxes or other taxes, as well as exchange rate changes or invoice or publication errors. A price change of more than 10% is considered a substantial change to the contract and entitles you to withdraw from the contract without compensation. We are obligated to notify you of price increases no later than three weeks before the planned retreat start. In case of withdrawal from the contract in this case, you are free to (a) undertake an equivalent or higher-value replacement trip, if we offer such, (b) undertake a cheaper replacement trip with a refund of the price difference, or (c) demand a refund of all amounts paid.

Services

The scope of services is based on the offers presented by us and further information on our website. In case of contradictions, the individual agreement between you and us prevails. Subsequent agreements and special services requested by you must be confirmed by us in writing.

Customer Cancellation

The cancellation of the booked retreat must be made in writing. The date of receipt of the cancellation by us is decisive; the burden of proof lies with you. For cancellations up to 60 days before the retreat, a refund of the total amount minus the deposit, which will be retained in any case, will be made. For later cancellations, no refund of the total costs will be made, regardless of reasons such as illness, accident, pregnancy, etc. We recommend that you take out travel cancellation insurance to cover these cancellation costs. A cancellation incurs an administration fee of CHF 100.-, which is only charged if the retained deposit is not higher.

Provider Cancellation

The retreats offered by us may be based on a minimum number of participants. If this minimum number is not reached, we reserve the right to cancel the retreat by email no later than three weeks before the departure date. We reserve the right to cancel the booking for reasons beyond our control, such as force majeure, governmental measures, strikes, war, epidemics, pandemics, etc. However, we will strive to inform you promptly. In case of cancellation by us, the amount already paid will be fully refunded. Alternatively, we may offer you an equivalent alternative. Further claims against us are excluded.

Transfer of Booking

If you are prevented from attending the retreat, you may transfer the booking to a replacement person. For this, we charge an administration fee of CHF 100.00. The transfer is subject to the following conditions: (a) You must inform us about the transfer and the replacement person within a reasonable period (at least 10 days) before the departure date; (b) the replacement person must fulfill all participation requirements; (c) you and the replacement person are jointly liable to us for the payment of the price and any additional costs resulting from the transfer.

Changes During the Retreat

Changes to individual services during the retreat (program, accommodation, travel companionship, horse coaching, etc.) due to unforeseen circumstances or safety reasons are expressly reserved. In this case, any additional costs will be borne by you as the customer.
Claims for reduction and refund, as well as claims for damages, are excluded in this case. Furthermore, no liability is assumed for program changes due to delays in travel / arrival / onward travel.

Early Termination of Travel

If the trip is terminated early by you for any reason, there is no entitlement to a refund of the package price. Any additional costs incurred in this regard will be borne by you.
Arrival and Entry Formalities Abroad
The outward and return journey to the destination are your responsibility. The costs for this are not included in the offer. It is your responsibility to arrive at the destination in a timely manner. No liability is assumed for any travel delays, and refunds for unused services are excluded in this case.
You are responsible for all necessary travel preparations (entry documents, visas, vaccinations, etc.). In particular, you must comply with the entry, visa, foreign exchange, customs, vaccination, and insurance regulations applicable in each country. Please note that your passport or identity card must be valid until at least the return date. Due to potentially different regulations in different countries, we recommend conducting destination-specific research in advance.
We do not accept liability for non-compliance with regulations and the associated costs, e.g., in case of denied entry. In these cases, refunds for unused services and claims for damages are excluded.

Insurance

Insurance is entirely your responsibility. It is strongly recommended to take out travel or cancellation insurance.
Please check and ensure that your health insurance covers you sufficiently in case of illness or accidents abroad. We disclaim all liability. You must verify whether accidents involving horses are covered by your insurance.
The provider assumes no liability for theft and loss of belongings.

Personal and Health Requirements

Good health and stable mental condition are prerequisites for participating in our offered "DYOJ Retreats". You participate in our offer at your own risk. You are obliged to disclose any physical and/or mental impairments. In case of doubt, you are obliged to seek the advice of an appropriate medical professional (physicians or physiotherapists) at your own expense.
If you do not meet the physical or mental requirements, we reserve the right to exclude you from the (continued) journey. All associated costs, including early return home, are at your expense. Unused services will not be refunded in this case, and any additional costs will be borne by you.

Liability

Our liability for damages not arising from non-performance or improper performance of the contract, as well as all other direct damages, is always limited to twice the offer price. We will only refund the agreed services if no equivalent substitute service can be provided locally. We are not liable if the non-performance or improper performance of the contract is due to: (a) Your negligence before or during the trip, (b) unforeseeable or unavoidable negligence of third parties not involved in the provision of contractually agreed services, (c) force majeure, epidemics, pandemics, strikes, war, or an event that the provider could not foresee or prevent despite due diligence. In these cases, claims for damages are excluded.
Any liability for damages, particularly personal injury, arising directly or indirectly from activities involving horses, is expressly excluded.

Complaints

If problems or other defects occur during the retreat, you are obliged to contact the local tour guide immediately. If the concern cannot be satisfactorily resolved, you must contact the service provider and us in writing without delay. Failure to comply with this obligation will exclude any subsequent claims. In case of a complaint, the local tour representative and we will make every effort to find a suitable solution.
If defects cannot be rectified on site, you must inform us in writing within 30 days after the end of the retreat. Failure to report defects within this period will forfeit all claims.

Severability Clause

Should one or more provisions of these terms and conditions be or become invalid or unenforceable, or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions of these terms and conditions shall remain unaffected. The invalid/unenforceable provision of these terms and conditions shall automatically be replaced by a valid/enforceable provision that most closely corresponds to the parties' presumed intention and the provision to be replaced.

Applicable Law and Jurisdiction

Exclusively Swiss law, taking into account the Federal Act on Package Travel of June 18, 1993 (as of August 20, 2021), applies. Subject to mandatory legal provisions, jurisdiction lies at our registered office.
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