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VISIT USLu Mocu, Balaiana Eco Retreat (Stazzo Azara-Pruneddu), Luogosanto (OT) 07020. Sardinia, Italy
CALL US00390790976918

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IMPRESSUM

Contact

Elke Svitek

Balaiana Eco Retreat Sardinia S.R.L.
Via Sardegna 4a, 07020 Luogosanto

Tel: 00390790976918
Mail info@yoga-sardinia.com
Web www.yoga-sardinia.com

Design und Entwicklung Martin Svitek | karmakitchen. Liebe ist Alles.

USt-IdNr/P.IVA IT 02694460904

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TERMS OF SERVICE

TERMS OF SERVICE of BALAIANA ECO RETREAT SARDINIA S.R.L

Stand Januar 2017
§ Scope of application
These terms and conditions of the BALAIANA ECO RETREAT SARDINIA S.R.L.
(Hereinafter referred to as “BER”) apply to all services provided by BER to
their hotel guests and contract partners.
2 Definitions of definitions
2.1 “Contractual Partner” means both a natural or legal person of the
country of domicile or of a foreign country, as well as a not legally binding
association and a partnership which as a guest or for a guest a contract of
accommodation with BER.
2.2 “Guest” means any natural person, the accommodation or other
services of the hotel industry on the part of BER on the basis of a contract
with the contractual partner. The guest is usually also contract partner.
“Guests who are traveling with the contract partner (eg family members,
Friends etc).
2.3 “Accommodation Agreement” means any agreement between BER
and a contractual partner on an exchange of services between a guest and
BER.
3 Contract conclusion; deposit
3.1 The accommodation contract shall be concluded by BER by accepting
the appointment of the contracting party or guests.
3.2 BER shall be entitled to conclude the accommodation agreement
only on the condition that the contractual partner a down payment, if
necessary also in several, staggered partial payments. In this BER shall be
obliged, before the acceptance of the written or oral order of the contract
partner, to advise the contractual partner of the required deposit. If the
contract partner agrees with the down payment (Written or verbal), the
accommodation contract comes with the consent of the consent on the
payment of the down payment of the contractual partner at BER.
3.3 The contractual partner is obliged to pay the down payment
according to the concluded contract of accommodation in time. In this
respect, the date of receipt of the money in the cash register or in the
account of the BER. The cost of the money transaction (for example,
transfer charges) is borne by the contractual partner. For credit and Debit
cards, the respective conditions of the card companies apply.
3.4 The sum of the deposit paid is a partial payment to the agreed
payment. The first payment of the deposit is not refundable in the event of
a rescission and is complied with according to the regulations under Art. 6.
BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

3.5. The room reservation is usually by the week from Saturday to
Saturday, with a minimum stay of 7 nights.
4 Receipt of declarations of intent
4.1 All, including those electronically transmitted in connection with the
conclusion, the performance and the termination of a contract of
accommodation shall not be deemed to have been received until the Party
for which they are appointed, may take notice of them under normal
circumstances.
4.2 The possibility of acquiring knowledge pursuant to Art. 4.1 is,
subject to the provisions of § 4.3, in electronic form transmission as soon as
the declaration is made on a receiving device or server of the explanatory
receiver has been received.
4.3 As the date of access, the actual date of receipt of the declaration
shall be deemed to be valid only if the declaration is made by 18:00 (Day 1),
otherwise the following working day (ie except Sundays and holidays) as the
day of receipt. The time of receipt of an explanation shall always be at the
place of the declaration recipient official time. The relevant time of receipt
of an electronically transmitted declaration of intent is the automatically
recorded reception time by the receiving device.
5 Start and end of the accommodation
5.1 The contractual partner has the right, provided the BER does not
offer a different reference period and the contractual partner accepts the
rented rooms from 2 pm on the agreed day (“day of arrival”).
5.2 If a room is occupied for the first time before 8.00 am, the previous
night shall count as first night.
5.3 The rented rooms are on the day of departure by the contractual
partner until the time indicated in each case vacate. BER is entitled to
charge another day if the rented rooms are not freed.
6 Withdrawal from the accommodation agreement rescission of the
accommodation contract; Cancellation fee; Resignation by BER
6.1 If the accommodation contract contains a down payment, if
necessary also in the form of several staggered dates and if the down
payment has not been paid by the contractual partner within the time limit,
BER can provide an extension of the accommodation contract.
6.2 If the guest does not appear until 7.00pm of the agreed arrival day,
there is no such day accommodation more, unless a later arrival time was
agreed.
BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

6.3 If the contractual partner has paid a down payment (see Art. 3.3),
the premises remain until no later than 2.00pm on the day following the
agreed arrival day. Advance payment of more than four days, the
accommodation ends from 6:00pm of the fourth day, whereby the arrival
day as first day is charged, unless the guest announces a later day of arrival.
6.4 The accommodation agreement may be made no later than 3 months
before the agreed date of arrival of the contracting party by BER for reasons
reasonably justified by means of a unilateral declaration, unless otherwise
agreed. The reasonably justifiable reason is, in particular, the foreseeable
reason impossibility of lodging as a result of objective technical, legal or
other information provided by BER physical circumstances not attributable
to them.
Cancellation / Cancellation by the Contracting Party – Non-refundable
deposit / processing fee / cancellation fee
6.5 The accommodation contract may be terminated by unilateral
declaration by the contracting party. The withdrawal must be in writing. In
the event of cancellation, cancellation charges will be charged, which are
calculated as follows:
a) In the case of withdrawal from the contract signature until the 31st
day before the day of arrival:
– Cancellation fee: processing fee in the amount of the
deposit, which is non-refundable.
b) For cancellations up to the 30th day and up to the 8th day before the
day of arrival:
– 50% of the contracted price
c) In case of cancellation up to the 7th day before the arrival day:
– 70% of the contracted price Art. 7 Position of a replacement
accommodation
7 Position of replacement accommodation
7.1 BER may provide the contractor or the guests with an adequate
substitute accommodation (comparable quality) if this is reasonable for the
contractual partner, especially if the deviation is minor and is objectively
justified.
7.2 A substantive justification is given, for example, when the space
(the rooms) consists of unforeseen reasons have become unusable, already
BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

quartered guests extend their stay, one or other important operational
measures.
7.3 All additional installation costs shall be borne by BER.
8 Rights of the Guest
8.1 By concluding an accommodation contract the guest acquires the
right to the usual use the rented rooms, the facilities and services of the
hotel, in particular the Meals and as cost-proofed beverages, the usual way
and without special conditions which are available for guests to use and to
enjoy, as well as on the usual service in the hotel.
8.2 Insofar as services are deemed to be paid for, the guest shall have
them at the end of their stay to be paid separately. Insofar as the
consumption of such services, in particular of beverages, by the self-service
is possible, the guest has the services consumed by him immediately after
the withdrawal from the storage cabinets, etc., in the corresponding lists
for the purpose of subsequent settlement note. It´s not allowed for the
guests to bring and consume own beverages or food in the restaurant or the
restaurant terrace.
9 Obligations of the contract partner or the guest
9.1 The contractual partner or the guest is obliged to pay the agreed fee
at the time of departure at the latest plus any additional amounts, which
may be deducted as a result of a separate claim for performance by him and
/ or the accompanying guests, plus legal consumption tax.
9.2 The BER is not obliged to accept foreign currencies. If the BER
accepts foreign currencies if possible at the day’s rate. Should the BER
foreign currency or cashless payment, the guest bears all related costs, such
as inquiries credit card transactions, exchange or collection fees, etc.
9.3 The contractual partner shall be liable to the BER for any damage
that he or a guest or other person who is involved with to the contractual
partner and, with the knowledge or willingness of the contract partner, to
provide services of the claim to.
9.4 The contractual partner or guest has the account of his / her
separate consumption according to Art. 8.2 immediately check. His
contradiction with the correctness of the consumption recorded on his name
Art 8.2 and special services acc. Art. 11.2 is only possible until the end of
his stay at the hotel. The withholding of fees for the separate consumption
are permitted on the part of the guest or contract partner only to the
extent, as he reasonably justified his opposition to the correctness of the
bill.
BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

10 Rights of BER
10.1 If the Contracting Party refuses to pay the contractually agreed fee,
including the Remuneration for separate consumption Art. 8.2 or special
services according to Art. 11.2, or is it in arrears, BER shall be entitled to
the right of retention as well as the statutory right of lien to the contractual
partner or the things entered by the guest. BER shall retain this right of
retention or lien to secure his claim under the contract of accommodation,
in particular for food and drink other expenses incurred for the contractual
partner, as well as for any claims for compensation of any kind.
10.2 If a hotel service not included in the standard services is provided in
the guest’s room or extra (After 20:00 and before 6:00 hours), the BER is
entitled to a special fee to demand. This special fee is to be communicated
to the contractual partner when ordering the service. BER can also refuse
these services for operational reasons.
10.3 The BER is entitled to the right to settle or settle the account at any
time.
11 Obligations of the BER
11.1 BER shall be obliged to provide the agreed services in accordance with
their hotel standard to provide.
11.2 Special services of the BER, which are not included in the
accommodation charge, are in addition to those Art. 8.2 also include
accommodation which does not belong to the standard services of the hotel.
This includes in particular transport services from and to the hotel on the
sea or land routes, but also errands in the order of the contract partner
outside the hotel business by hotel staff.
12 Liability of the BER for damage to goods entered
12.1 BER shall be liable only to the extent stipulated by law for the goods
entered by the contractual partner. BER’s liability shall only be assumed if
the items of the BER or the employees authorized by the BER handed over
or transferred to a place designated or intended for this purpose. If the
contracting party or the guest meets BER’s request to place the goods in a
special place of storage the BER shall be released from any liability.
12.2 BER shall only be liable for the loss of money, jewellery and valuables,
insofar as they are aware thereof have been handed over to the hotel staff
authorized to do so; in the course of this custody. The BER can keep custody
of money, jewellery and valuables if they are much more valuable than their
guests are usually in custody.
12.3 In any case, the assumed liability is excluded if the contractual partner
and / or the guest does not immediately report the damage to the BER.
BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)
13 Limitations of liability
13.1 BER’s liability for slight negligence, with the exception of personal
injury, is excluded.
13.2 If the contractual partner is not a consumer, BER’s liability for gross
negligence is excluded. In this case the Contractor shall bear the burden of
proof of the fault. Consequential, intangible or indirect damages as well as
lost profits are not replaced.
14 Animal husbandry
14.1 Animals must not be taken to the accommodation facility.
15 Extension of the accommodation
15.1 The contractor shall not be entitled to prolong his stay. Announces the
contract partner his desire to extend the stay on time, the BER may extend
the accommodation agreement. However, the BER is not obliged to do so.
16 Termination of the accommodation agreement; Premature dissolution
16.1 If the accommodation agreement has been concluded for a certain
time, it ends with a time sequence.
16.2 If the contractual partner leaves prematurely, BER shall be entitled to
demand the full agreed remuneration. The BER will deduct what it saves as
a result of the non-use of its services or what he has received by otherwise
letting the ordered rooms. A saving is only available, If at the time of the
non – use of the
a) make a material adverse use of the premises or by his reckless,
offensive or otherwise grossly unseemly behaviour to the other
guests, the owner, the employees of the house or the third party
residing in the accommodation establishment, is incapable of living
together, against these persons a criminal offense against property,
morality or the physical security;
b) be affected by an infectious disease or a disease that goes beyond
the duration of the stay will or else will be nurtured;
c) the invoices submitted are not paid at maturity within a reasonable
period (2 days).
16.3 If the fulfilment of the contract by an event to be regarded as force
majeure (for example elementary events, Strike, lock-out, official orders
etc.) becomes impossible, BER can enter the accommodation contract at
any time without notice of termination, provided that the contract has not
already been registered under the law as or BER is exempted from its
BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

obligation to provide accommodation for other reasons. Any claims on
Damages, etc. of the contracting party are excluded.
17 Disease or death of the guest
17.1 If a guest becomes ill during his / her stay in the hotel, BER becomes
the guest’s request provide medical care. If danger is in default, BER will
provide the medical care even without special desire of the guest,
especially if this is necessary and the guest himself does not be able to.
17.2 As long as the guest is not able to make any decisions or the guests’
guests BER will provide medical treatment at the expense of the guest.
These care measures but end at the time when the guest can make
decisions or the relatives of the have been notified.
17.3 BER shall have the opposite party to the contract partner and the guest
or, in the case of death, against their legal successors in particular for the
following costs Replacement claims:
a) open medical costs, medical expenses, medication and other medical
treatment costs,
b) necessary room disinfection,
c) non-usable laundry, bed linen and bedding, otherwise for thorough
cleaning these objects,
d) restoration of walls, fixtures, carpets, etc. insofar as these are
related have been contaminated or damaged with the disease or
death,
e) room rent, in so far as the room was occupied by the guest, plus any
days of the guest un-use of the rooms due to disinfection,
evacuation, etc.,
f) any other damages that may occur to the BER.
18 Place of Performance, Jurisdiction and Choice of Law
18.1 Place of performance is the property of BER, Località Lu Rocchju,
Regione Balaiana, Stazzo Azara-Pruneddu 07020 Luogosanto (OT), Sardinia,
Italy
18.2 These terms and conditions and all contracts based on them are
subject to Italian law Right under exclusion of the rules of the UN purchase
law.
18.3 Jurisdiction in all disputes concerning contracts based on these General
Terms and Conditions, the national court of justice in Italy is entitled to do
so
BALAIANA Sardinia Eco Retreat | Lu Mocu, Stazzo Azara-Pruneddu, 07020 Luogosanto (OT)

19 Other
19.1 Unless the above provisions provide for anything special, the period
starts with delivery of the document ordering the time-limit to the
contracting parties, which must keep the time-limit. When calculating a
deadline which is determined in days shall not include the day on which the
event occurs which is the cause of the event start of the deadline. Time
limits determined by weeks or months refer to those days the week or the
month, which by its designation or number corresponds to the day from
which to the deadline to run. If this day is missing in the month, the last day
of the month is decisive.
19.2 Declarations must be submitted to the other Contracting Party on the
last day of the deadline (9:00pm).
19.3 BER shall be entitled to set off its own claims against the account of
the contracting party. Of the contractual partner is not entitled to set off
his own claims against BER claims, it is because BER is insolvent or the claim
of the contracting party is judicially established or by BER accepted.
19.4 In the case of regulatory gaps in these General Terms and Conditions of
Business, the applicable legal regulations.
20 Further which is still to be recorded and must be classified
20.1 The room rate includes a cleaning and towl change for a stay of 1 week
rooms in the middle of the week. On request, additional cleaning can be
provided.
20.2 The times of the use of the seminar hall and the platform under the
trees are the responsibility of the decision of BER, which will, of course, try
to meet all needs as far as possible. Has precedence the program and the
daily routine of BER.
20.3 The free participation of a BER employee in a seminar program is
provided by the organizer provided that there is an important reason or
other written agreement which excludes this.
Effective Date: September 2017

Stand: Januar 2017

LICENSE EVIDENCE

Proof of use rights for the following pictures:

Schedule 2017
Sara Nunes http://www.yinjoy.net/
Yogi Nomads in Dublin

https://creativecommons.org/licenses/by/2.0/

Lorena Torres Angelini
Ocaso en Capo Testa

Winkelbohrer
Sardinien-103-5
Sardinien-092-5

Marlis Börger
Capo Testa

Rolf Brecher
Capo Testa
Capo Testa Panorama
Sardengna - Santa Teresa Gallura

Christoph Sammer
Insel Budelli - Boots-Tour Nationalpark "La Maddalena"
Steile Felsformationen in Santa Teresa Di Gallura
Castelsardo
Insel Spargi - Boots-Tour Nationalpark "La Maddalena"
Der Strand Rena Bianca in Santa Teresa Di Gallura

Steffi_Franco
Santa Teresa di Gallura

Mattia Deriu
27072010-IMG_3827