TERMS & CONDITIONS

General terms and conditions of Ela Roots, having its registered office in Castellina in Chianti, Italia, referred to below as “Ela Roots”.

Article 1 – Applicability of Terms and Conditions

These Terms and Conditions govern all retreats and online purchases offered by Ela Roots through the website elaroots.it. They apply to all retreats, workshops, seminars, gatherings, and goods sold through this website and form an integral part of all agreements related to the sale, grant, and supply of these services and products. The terms and conditions of the teachers/organisers of said events are also applicable where relevant.

Article 2 – Retreats

The standard retreats offered by Ela Roots include overnight stays, full board, and teaching fees as specified in the retreat description. The nature of the retreat can vary depending on the booking request.

Article 3 – Retreat Information

Ela Roots will provide detailed information on the website about the retreats offered. This information includes, but is not limited to:

1. General information about the retreat, workshop, or seminar;
2. General information about the accommodation/room;
3. (Optional) Information about transfers;
4. (Optional) Information about extras;
5. General information about payment terms.

If the retreat is advertised in a publication by Ela Roots, the details contained therein form part of the retreat offer.

Article 4 – Online Purchases

Product Information:

Ela Roots will provide detailed descriptions of products available for purchase on the website, including pricing, specifications, and any applicable terms of sale.

Payment:

Payments for products must be made in full at the time of purchase. Ela Roots accepts payments via credit card (Visa, MasterCard) and third-party payment processors such as Ideal or PayPal.

Shipping:

Ela Roots will ship purchased products to the address provided by the customer. Shipping costs and delivery times will be communicated during the checkout process.

Return Policy:

Customers have the right to return products purchased online within 14 days of receiving them, provided the products are unused, in their original packaging, and in resalable condition. To initiate a return, customers must contact Ela Roots for return instructions. Refunds will be processed within 14 days of receiving the returned product, excluding original shipping costs.

Article 5 – Creation and Content of the Contract

Offer and Acceptance:

1. A booking is created when the booker accepts Ela Roots’ retreat offer by completing the booking process on the website. The booker will receive a confirmation as soon as possible, either electronically or in paper form, optionally in the form of an invoice.
2. For online bookings, Ela Roots designs the buying process to ensure the booker is informed that they are accepting the offer and that the booking is definitive. By confirming the booking, the booker commits to the booking.
3. By accepting the offer, the booker(s) agree to the terms and conditions of the service providers included in the retreat, such as the teacher/event organizer.

Article 6 – Bookers’ Duty of Disclosure

The booker must provide Ela Roots with all relevant details about themselves and the other person(s) for whom they have booked the retreat, no later than at the time of concluding the contract. This includes the booker’s mobile phone number and email address, if available. If the booker fails to provide this information and Ela Roots is compelled to exclude said person(s) from participation in the retreat, the costs will be charged to the booker.

Article 7 – Withdrawal of Offer

Ela Roots’ offer is made without obligation and can be withdrawn if necessary, particularly to correct errors in the calculation of the retreat sum or other errors. In such cases, the booker has the right to prompt reimbursement of any payments made.

Article 8 – Evident Errors

Evident errors and mistakes in the retreat offer are not binding upon Ela Roots. These are errors or mistakes that an average consumer could or should recognize instantly as such.

Article 9 – Essential Medical Needs

Requests for alternatives or additions to the retreat on medical grounds (essential medical needs) will be considered. Ela Roots will make a genuine effort to meet these requests unless it cannot be reasonably expected to do so. Essential medical needs are subject to the express written approval of Ela Roots. Costs may be charged for the organization and fulfillment of such requests.

Article 10 – Non-Medical Essential Needs

Requests regarding non-medical essential needs will be considered if there is a reasonable chance of meeting them. Such requests require the express written approval of Ela Roots, and costs may be charged for the organization and fulfillment of these requests.

Article 11 – The Booker

1. Any person who enters into a contract on behalf of or for the benefit of another person or group of persons is jointly liable for all obligations arising from the contract.
2. All communications and transactions (including payments) between the person(s) for whom the retreat has been booked and Ela Roots are conducted exclusively through the booker.
3. Each person for whom the retreat has been booked is individually liable for their own share.

Article 12 – Payment

Upon booking a retreat, the full amount is due. Bookers are placed on an automated payment plan requiring an immediate payment of €1000 to secure their spot. The remaining balance is due 90 days before the retreat. Bookings made within 90 days of the retreat require full payment at the time of booking. Ela Roots accepts payments via credit card (Visa, MasterCard) and third-party payment processors such as Ideal or PayPal.

Article 13 – Travel Sum

The advertised retreat sum applies per retreat unless otherwise indicated. The advertised sum is based on prices, exchange rates, levies, and taxes known at the time of publication. The invoice will include all essential parts of the retreat.

Article 14 – Retreat Documents

1. The booker will receive a confirmation via email directly after payment of the retreat. This confirmation serves as the check-in document.
2. If the booker has not received the required documents 5 working days before the event, they must notify Ela Roots immediately.
3. For retreats booked within 10 days before the event, Ela Roots will indicate when and how the required documents will be provided. If not received accordingly, the booker must notify Ela Roots immediately.

Article 15 – Retreat, Workshop, or Seminar Information

Ela Roots will provide all necessary information about the event through their website. This information is based on details provided by the event organizer to Ela Roots.

Article 16 – The Booker’s Obligations

The booker is obliged to comply with all instructions from Ela Roots and the service providers, including the event organizer.

Article 17 – Aid and Assistance

1. Ela Roots is obliged to provide aid and assistance if the retreat does not meet the reasonable expectations based on the provided information.
2. If the cause is attributable to the booker, Ela Roots is only obliged to provide aid and assistance insofar as reasonably required. Costs are borne by the booker.
3. If the cause is attributable to neither the booker nor Ela Roots, each party bears its own loss.

Article 18 – Travel Documents

1. The booker is responsible for obtaining the necessary travel documents and information about passports, visas, inoculations, and vaccinations.
2. The booker must ensure they have the required documents, such as a valid passport, tourist identity card, visas, proof of inoculations, vaccinations, and, where applicable, a driving license and green card.

Article 19 – Changes Instigated by the Booker

1. After the contract is created, the booker may request changes to the retreat, subject to availability. The booker must pay any difference in cost and applicable fees.
2. If the request is rejected, the booker can maintain or cancel the original retreat. If no response is received, the original retreat will proceed. If canceled, Article 20 applies.

Article 20 – Substitution

1. The booker may substitute another person, provided this request is made well before the event date and the substitution meets all contract conditions. The booker must pay any applicable change and communication costs.
2. The request must be submitted no later than 7 days before departure or in sufficient time to complete necessary actions and formalities.
3. The booker, the substitute, and the original booker are jointly liable for the payment of any outstanding amounts and additional costs.

Article 21 – Cancellation by the Booker

Bookings are non-refundable once the booking process and payment are completed.

Article 22 – Cancellation by Ela Roots

1. Ela Roots may cancel the retreat due to significant circumstances.
2. Significant circumstances are those that make it unreasonable for Ela Roots to fulfill the retreat.
3. If the cause of cancellation is attributable to the booker, the booker is liable for the resulting loss. If attributable to Ela Roots, the booker is entitled to a full refund. If attributable to neither party, each party bears its own loss.
4. If an event is canceled by the event organizer, Ela Roots will refund the full amount to the booker but will not be liable for any other costs or damages.

Article 23 – Changes Instigated by Ela Roots

1. Ela Roots may make changes to the agreed retreat due to significant circumstances.
2. The booker will be informed of these changes within 72 hours (3 working days) or within 24 hours (1 working day) if the change occurs within 7 days of the event.
3. If possible, an alternative offer will be made within 72 hours (3 working days) or within 24 hours (1 working day) if the change occurs within 7 days of the event.
4. The alternative offer must be at least equal to the original offer.

5. The booker has the right to reject the change or alternative offer within 72 hours (3 working days) or within 24 hours (1 working day) if the change occurs within 7 days of the event. If rejected, Ela Roots may cancel the booking and provide a refund.
6. If the cause of the change is attributable to Ela Roots, Ela Roots is liable for the resulting loss. If attributable to the booker, the booker is liable. If attributable to neither party, each party bears its own loss.

Article 24 – Liability and Force Majeure

1. Ela Roots is obliged to fulfill the retreat according to the reasonable expectations based on provided information.
2. If the retreat does not meet these expectations, the booker must inform those involved as soon as possible.
3. Ela Roots is not liable for failure to fulfill the contract due to force majeure.
4. Force majeure refers to unforeseeable circumstances beyond Ela Roots’ control that could not have been avoided despite all precautions. This includes, but is not limited to, natural disasters, pandemics, war, strikes, or governmental actions.

Article 25 – Exclusion and Limitation of Liability

1. Ela Roots is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the retreat or online purchases. This includes, but is not limited to, loss of profits, data, or goodwill. Ela Roots’ total liability shall not exceed the amount paid by the booker for the retreat or product in question.
2. Ela Roots is not responsible for the acts or omissions of third-party service providers, including teachers and event organizers. Participants agree to release Ela Roots from any claims related to such third-party services.
3. If any service included in the retreat is governed by a Treaty that acknowledges or permits exclusion or limitation of the service provider’s liability, the Foundations liability is accordingly excluded or limited.
4. Nor is Ela Roots liable if and insofar as the booker has been able to claim his/her loss under an insurance policy, such as a travel and/or holiday cancellation insurance policy.
5. The exclusions and/or limitations of the Ela Roots’ liability included in this article also apply to the staff of the organizer, the booking office and the service providers involved, as well as their staff, unless this is excluded by a Treaty or Act.

Article 26 – Governing Law and Jurisdiction

These Terms and Conditions are governed by Italian law. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in Castellina in Chianti, Italia.

Article 27 – Insurance Requirements

Participants are strongly encouraged to obtain travel insurance that covers cancellations, medical emergencies, and other potential risks associated with attending the retreat. Ela Roots is not responsible for any costs incurred due to lack of insurance coverage.

Article 28 – Health and Safety

Participants must disclose any medical conditions or other health-related information that may affect their ability to participate in the retreat activities. Ela Roots reserves the right to refuse participation to individuals who are deemed unfit for the activities for health or safety reasons.

Article 29 – Intellectual Property

All content on the Ela Roots website, including text, images, logos, and retreat materials, is the intellectual property of Ela Roots and is protected by copyright laws. Unauthorized use, reproduction, or distribution of this content is prohibited.

Article 30 – Dispute Resolution

In the event of a dispute, the parties agree to attempt resolution through mediation or arbitration before pursuing legal action. Any unresolved disputes shall be subject to the exclusive jurisdiction of the courts in Castellina in Chianti, Italia.