AquaHolic Journey Booking Terms and Conditions

AquaHolic Journey, a Mexican company (in the following “AquaHolic Journey”, “we” or “us”) provides 200-hour Yoga Teacher Training certifications (YTT) to individuals in a residential studio in Puerto Aventuras, Mexico. These Terms and Conditions govern the contractual relationship between AquaHolic Journey and the Trainee (“they” or “you”) when booking a YTT at http://www.aquaholicjourney.com, participating in an activity or buying any related products or services.

Since these Terms and Conditions constitute an agreement between you and AquaHolic Journey, it is important that you carefully read these Terms before booking your trip or buying related products or services. Please note that some Activities are sold but not carried out by AquaHolic Journey, different terms may apply to these Activities.

1. The booking

AquaHolic Journey provides a YTT to the Trainee. YTT refers to an arrangement that has been designed before an agreement is reached and which consists of 200 hours of teaching, lectures, yoga practice, study, examinations, or any of these services in combination with any service that is a non-essential part of the arrangement.

1.1 By booking a YTT you acknowledge that you have read, understand and agree to be bound by these Terms.

1.2 When a booking has been submitted to AquaHolic Journey, we will send you a Booking Confirmation. The booking is binding upon both parties only when such Booking Confirmation has been sent to you.

1.3 If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party. By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking, notifying AquaHolic Journey if any changes or cancellations are required and keeping your party informed.

1.4 Anyone under the age of 18 on the date of first travel is considered to be a minor. All bookings made by a minor traveling without a parent or guardian require the written consent of a parent, guardian or any other person who is required by applicable law for any minor to travel.

2. Obligations of the Trainee

2.1 The Trainee is responsible for having a complete and valid passport and other documents necessary for the fulfillment of the YTT and, if circumstances so require, a travel/tourist visa.

2.2 Trainees are individually obliged to acquire a travel insurance that covers medical treatment. The Activities that are offered through AquaHolic Journey includes a certain risk (even with the presence of instructors), and it is the Trainee’s own responsibility to make sure their insurance covers injuries caused by the Activities AquaHolic Journey or any affiliate or subcontractors to AquaHolic Journey offers at any given time.

2.3 The Trainee is responsible for booking accommodations and flights and/or other transportation to the destination stated at the time of booking of the YTT.

2.4 The Trainee shall immediately inform AquaHolic Journey of any changes to the Trainees contact information, such as address, e-mail address, telephone number, errors in spelling or other information relevant to AquaHolic Journey ́s opportunity to contact the Trainee.

2.5 The Trainee shall behave and not in any way impair the comfort and enjoyment of the other members of the YTT. AquaHolic Journey reserve the right to withdraw any booking, service

or Activity made and/or to decline or refuse any individual as a member of the YTT, if it appears, at AquaHolic Journey ́s discretion, that such individual is likely to endanger the health or safety, or impair the comfort and enjoyment of the other members of the YTT.

3. Price and payment

3.1 Payment consists of a course deposit of $500 USD that is a Non-Refundable deposit to secure placement in the training program, and that the remaining tuition paid is 100% refundable up until 90 days before course start date, after which time, it becomes non-refundable as well. Payments plans of two separate payments can be made available. 100% of the tuition costs must be paid in full 30 days prior to the start date of the YTT at the latest to avoid cancellation of booking and loss of deposit.

3.2 If the payment is delayed, a reminder with additional fee and new date of payment will be issued. By furthermore delays of payment, the case will be transmitted to a debt collector. Be aware that the booking is an obligating agreement of purchase, and that you are obliged to pay unless you commence a written cancellation in accordance of the terms within section.

3.3 If the terms of payment listed above are not withheld, AquaHolic Journey have the right to regard the booking as annulled, and can prospectively sell the booking to someone else.

4. Changes/cancellation made by AquaHolic Journey before departure

4.1 AquaHolic Journey may change the terms of the Agreement after the Agreement has been concluded. If the YTT has to be cancelled or if it cannot be carried out as agreed, the Trainee will be informed as soon as possible.

4.2 Cancellations on or after 90 days prior to your Aquaholic Journey YTT start dates are non-refundable and non-transferable. This cancellation policy is strict and firm. If you need to leave the YTT early there are no refunds or pro-rates.

4.3 If you cancel your trip within 30 days before start date, 25% of your payment may be used as credit for another YTT at our Aquaholic Journey studio to be taken within one year of your original YTT date. 4.3.1 If no YTT is scheduled in the preceding year from original YTT start date, the 25% of your payment will be null in void.

4.4 If the YTT is cancelled via ‘the program director or Aquaholic Journey Yoga School’ due to unforeseen circumstances (illness, death, or extreme weather), you will be fully refunded for your payment to the YTT. We reserve the right to cancel if less than our required minimum of six (6) registered students is met.

4.5 COVID-19 disclaimer; in the event of Government related restrictions being enforced by the Mexican Government in the State of Quintana Roo and thus making the Training impossible to host, you will be offered full refund less the $500 security deposit and will be provided documentation of said restrictions.

4.6 Exceptions to our policy cannot be made for any reason. We do not offer credit for a student arriving late or leaving early, and strongly recommend that all students purchase full travel insurance to cover any cancellations that may incur.

5. The Trainee’s right to cancel the YTT

5.1 The Trainee’s cancellation of the YTT must be done in writing by e-mail to tiffany@aquaholicjourney.com. Send us a written cancellation with your Booking Number and your PayPal/Venmo/Zelle-information, and we will refund the amount within 2 weeks from the cancellation date according to below regulations

5.2 The date of which AquaHolic Journey receives the cancellation will be crucial for the amount of the refund/the Trainee’s payment responsibilities according to below (6).

6. Cancellation terms:

6.1 From 91 days or more to arrival; 100% less the $500 USD non-refundable deposit

6.2 Under 90 days to arrival: 0% (you will be charged 100 % of the total amount)

6.3 There will be no refund if the Trainee chooses to cancel a YTT after it has commenced.

6.4 COVID-19 disclaimer; in the event of Government related restrictions that make your travel impossible, you will be offered full refund less the $500 security deposit by providing documentation of said restrictions.

7. AquaHolic Journeys rights to cancel the YTT

7.1 In accordance to paragraph 3 in this agreement, AquaHolic Journey has the right to cancel the booking and keep the deposit if payment has not been made in full within 30 days of arrival.

8. Force Majeure

8.1 AquaHolic Journey, is not liable and has the right to withdraw from the Agreement, after the Agreement has become binding upon the Parties, if a natural disaster, war, mobilization or military call-up of larger scale, requisition, seizure, authority regulations, contagious diseases and riots or other events that significantly influences the performance of a YTT or the conditions of the travel destination at the time when the YTT is to be carried out. If the Trainee or AquaHolic Journey waive the Agreement under this provision, the Trainee is not entitled to a refund of what he/she has paid under the Agreement. If AquaHolic Journey waive the Agreement under this provision, the Trainee is not entitled to damages or any other penalties.

8.2 The assessment of whether an event is considered to be such an event as specified in 8.1 shall be made taking into account official statements from international authorities. A statement issued by the Ministry of Foreign Affairs refraining from travel to the current travel destination shall be regarded as such an event.

8.3 The Trainee is not entitled to withdraw from the Agreement in accordance with clause 8.1 if, at the conclusion of the Agreement, he/she knew that such an incident occurred/is occurring as referred to in this section 8 or if the event was/is generally known.

8.4 The cancellation by force majeure is not valid if the Aquaholic Journey residential studio does not have to close due to the force majeure, e.g. if there is a volcano eruption causing a cloud of ashes that will lead to flight cancellations. AquaHolic Journey does not offer or sell flights, and is therefore not obliged to refund their packages if there is a flight cancellation that leads to the customer being hindered from arriving in time.

9. Refunds and error correction

9.1 In the event of a defect in the agreed services, the Trainee shall immediately, after having noticed or should have noticed the defect, give AquaHolic Journey, or to the subcontractor to which the fault relates, a complaint so that we or the subcontractor are given the opportunity to correct the defect. Complaints should be made on the journey if possible. If it has been possible to make the complaint before returning home, but if this has not happened, the Trainees right to complain has been lost.

9.2 The Trainee shall, as far as possible, ensure that the complaint is documented in writing by us or our subcontractor at the destination. The Trainee may not invoke a defect if a complaint has not been made in accordance with the section 9.1 above.

9.3 If we offer to correct the error, the Trainee may not demand a deduction or cancel the Agreement, provided that the correction is made within a reasonable time and at no additional cost or material disadvantage to the Trainee.

10. Participation in activities

10.1 Please note that sometimes AquaHolic Journey only acts as an intermediary and does not organize or perform the Activity at the destination. Activities may be organized and performed by an affiliate or subcontractor to AquaHolic Journey.

10.2 If the Activity is not organized by AquaHolic Journey, AquaHolic Journey is not responsible for the performance of the Activity.

10.3 If the Activity is not performed by AquaHolic Journey, the Trainee shall be informed who the responsible party is upon request. If the Trainee has questions, requests or complaints regarding the performance of the Activity, the party responsible for the Activity should be contacted directly.

10.4 Trainees participate in the YTT and all Activities on their own risk and are responsible for assessing whether a YTT and/or Activity is suitable for them or not. If in doubt, Trainees should consult a physician to confirm their physical and mental health for travel and participation in any planned Activities.

10.5 AquaHolic Journey does not provide medical advice. It is the Trainees responsibility to assess the risks and requirements of each aspect of the YTT and Activity based on their unique circumstances, limitations, fitness level, physical and mental health capacity and medical requirements.

10.6 In order to participate in an Activity, you must upon request provide any medical information reasonably requested by AquaHolic Journey and may be required to complete

AquaHolic Journey’s medical information form available at the time of booking or at the destination of the YTT.

10.7 AquaHolic Journey reserves the right to deny the Trainee permission to travel or participate in any aspect of a YTT or Activity at any time and at the Trainee’s own risk and expense where AquaHolic Journey determines that the Trainee’s physical or mental condition renders the Trainee unfit for travel or represents a danger to him or herself or others.

10.8 Please note that affiliates and subcontractors organizing Activities also may require the Trainee to complete a medical information form before participating in the Activity.

10.9 AquaHolic Journey are not responsible for wind, wave and weather conditions during your stay, and will have the right to cancel lessons if weather conditions make it impossible or unsafe to run lessons/activities as planned. Instructors and guides working for AquaHolic Journey will have the full right to take decisions about whether the conditions are appropriate or not for lessons, and will also do their best to give the missing lesson(s)/activities back at another time during your stay.

10.10 If the activity leader is unable to participate, AquaHolic Journey is entitled to replace the pre- announced leader with another leader with the same level of experience.

10.11 Trainee takes responsibility in understanding that the AquaHolic Journey intensive 200-hour YTT is challenging and involves long hours (10+ hours daily), intense physical movement, as well as mental focus and concentration.

11. Limitation of liability

11.1 Without limiting any other provision of these Terms, to the fullest extent permitted by law, AquaHolic Journey shall not be responsible or assume any liability to any Trainee for: (a) any injury, damage, loss or delay affecting any person or property not arising from AquaHolic Journeys own negligence or breach; (b) any loss, damage, cost, expense or delay suffered or incurred due to circumstances beyond our reasonable control, including but not limited to:

11.1.1 actions or omissions of third parties (including any applicable third party service providers); 11.1.2 a force majeure events;

11.1.3 a failure by the Trainee to comply with any of his or her obligations hereunder;

11.1.4 a failure by the Trainee to follow reasonable instructions, including but not limited to noting and complying with specified check-in and check-out and/or meeting places and times.

11.2 To the fullest extent permitted by law, our maximum liability to any Trainee for any loss, damage, cost and/or expense shall in no event exceed the amount of the YTT fare paid to and received by us in respect of such Trainee.

12. Amendments

12.1 AquaHolic Journey reserves the right to update or alter these Terms at any time and will if so, send you the updated version via email. Any amendment will take effect 10 days after being emailed. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after having received the email with updated version.

13. Severability

13.1 If any provision, or part thereof, in the Agreement would be or become invalid, this shall not render the entire Agreement invalid. Instead, and to the extent the invalidity substantially affects a Party’s payoff or performance according to the Agreement, reasonable adjustment shall be made.

14. Contact information

14.1 If you have any questions regarding these Terms, your Booking Confirmation, changes to the YTT, refunds, general questions or other, please send us a message to Tiffany@Aquaholicjourney.com.

15. Governing Law and dispute resolution

15.1 In the event of a dispute where Trainee and AquaHolic Journey and it’s Teachers and Trainers cannot find resolution, you the Trainee must seek mediation prior to litigation.

15.2 This Agreement shall be construed in accordance with, and governed by the laws of Mexico.

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