Terms & Conditions | Breathe And Retreat

Terms and Conditions

Support

We would like to make your experience of the use of our platform as positive as possible. In the case that you do encounter any problems when using our service, please let us know. We are passionate about offering customer care. Please note that this support is never a legal obligation and that we do not take on more obligations than provided in these terms of use.

These terms of use – that may be amended at our discretion – apply to all our services that are provided to you online directly or indirectly. By browsing our website, making use of our website and/or making a booking through our platform you acknowledge and agree that you have read the below terms of use and you agree to these terms of use. We advise you to carefully read the terms of use, so you fully understand the rights and obligations you have in relation to your use of the platform.

General

These terms of use apply to every use made of the platform. On the platform, as developed by Breathe & Retreat, you can find and book travel experiences in various countries of the world ("Platform").

If you keep using the Platform after the Terms of Use have been amended/supplemented, you unconditionally agree to the amended/supplemented Terms of Use. If you do not wish to accept the amendments and/or supplements, your only remedy is to cease using the Platform.

To the best of its ability, Breathe & Retreat will make efforts to provide the Platform with due care. You accept that the Platform only contains the functionalities and other characteristics as it contains at the moment of your use ("as is" and "as available"). Each and every use of the Platform is for your own risk and responsibility.

Breathe & Retreat is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.

Use of the Platform

In using the Platform, you can view all offers published on behalf of the organizers ("Retreat Organiser") (which offers are referred to as "Products"), submit requests ("Send Inquiry") with the Platform, make a booking ("Book Now") for such Products. A Booking placed through the Platform forms a binding agreement between you and the Retreat Organiser. Inquiries, however, are non-binding. If you have any questions, complaints or remarks about an Organiser, a Product, a Booking or an Inquiry, you can contact Breathe & Retreat through the Platform.

The Products are subject to the Organiser’s terms and conditions, as well as all agreements between you and the Organiser. Breathe & Retreat shall never become a party to an agreement between an Organiser and you. We advise you to carefully read the Cancellation Policy, since they may entail legal obligations and it is your responsibility to adhere to such obligations. Breathe & Retreat accepts no responsibility whatsoever for any decisions made by you based on the content of Breathe & Retreat and/or the Organisers outside the Platform, unless stated otherwise in these Terms of Use.

You and the Organiser are solely responsible for the correct performance and execution of a Booking, which – from your side – includes the correct provision of the required information in Book Now. To view, change or cancel your Reservation, please send an email to contact@breathenretreat.com.

You are solely responsible and liable for the content you submit (Submit a Request). You warrant that the content you provide Breathe & Retreat with is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify Breathe & Retreat from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the Platform.

Prices and Payment

Your use of the Platform is free of charge. Breathe & Retreat charges the price set up by the Organizers. Please be aware that you might owe the Organizer part of the fee in case you Book a Retreat and pay only a deposit, which doesn’t represent the full price of the retreat. We have no influence on, are not involved in and are not liable for your payment of the Booking outside our Platform.

Since the Retreat Owners are responsible for the payment terms, you cannot derive any rights from the currencies or payment methods available at a certain moment. Furthermore, Breathe & Retreat is not responsible for and has no influence on the applicable payment terms.

IP Rights

All intellectual property rights relating to the Platform, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights, as well as rights to knowhow ("IP Rights"), are owned by Breathe & Retreat or our Retreat Owners. Nothing in these Terms of Use constitutes the transfer of any IP Rights from Breathe & Retreat to you. You are solely granted a right to use the Platform if you act in accordance with the Terms of Use.

Privacy

In order to make use of the Platform it is required that you provide Breathe & Retreat with personal information such as your name and e-mail address. The provision of this information is subject to legislation in respect of privacy. Breathe & Retreat only uses your personal data in accordance with the Privacy Policy.

In order to submit a Send an Inquiry or Book a Retreat, you may be required to provide personal data to an Organizer. The Organizer is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by a Retreat Organiser.

Liability

Breathe & Retreat cannot be held to pay any damages caused by a Retreat Organiser or a Retreat Guest.

Warranties and indemnifications

Except as expressly provided in these Terms of Use, Breathe & Retreat makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform. Furthermore, Breathe & Retreat does not guarantee that the Platform shall lead to a successful travel experience or to the achievement of any skills, levels and/or experiences related to a particular travel experience.

The conclusion and performance of Bookings, including any payment obligation resulting therefrom, as well as the cancellation of Bookings is the sole responsibility of you and a Retreat Owner. You indemnify Breathe & Retreat from all claims submitted by an Organizer or a third party that relates to Bookings made by you with that specific Organizer, as well as to the payment of such Bookings. However, Breathe & Retreat will provide assistance to you to the best of its abilities in case any issues arise between you and an Organizer in order to resolve those issues.

Unlawful content

Breathe & Retreat is not responsible for any content provided by the Retreat Owner, which is unlawful. Breathe & Retreat will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.

Any alleged unlawful content available on the Platform can be reported to Breathe & Retreat at contact@breathenretreat.com.

Breathe & Retreat reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Breathe & Retreat can request a court order from a competent court in Germany to determine whether the material or the activity is unlawful and should be removed.

Breathe & Retreat will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.

The person that has reported unlawful content indemnifies Breathe & Retreat from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Breathe & Retreat suffers, could suffer or which the Platform can incur in relation to such a claim, including but not limited to the compensation of legal assistance.

Breathe & Retreat respects and protects the privacy of those who report (alleged) unlawful content. All personal data Breathe & Retreat receives as part of an email notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.

Applicable law and competent court

The Terms of Use and the use of the Platform are governed by German law. Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in Berlin.