Terms and Conditions (AGB)

Welcome to RYSE!

These terms and conditions outline the rules and regulations for the use of RYSE's Website, located at https://www.ryseretreat.com.

By accessing this website, you accept these terms and conditions. Do not continue to use RYSE if you do not agree to take all of the terms and conditions stated on this page.

These General Terms and Conditions (AGB) apply to all business relationships between RYSE e.U., based in Vienna, Austria, and the customers (hereinafter referred to as "Participants") who book our yoga and surf retreats.

At RYSE, our General Terms and Conditions (GTC) outline the contractual terms that apply to all our customers. These terms provide detailed information on the services we offer, our pricing, payment methods, termination policies, and your right of withdrawal. We prioritize transparency and customer satisfaction, ensuring our GTCs are clearly written and easily accessible. Should you have any questions, please feel free to reach out to us at any time.

RYSE, e.U.
Miriam-Makeba-Gasse, 4, Vienna, Austria, 1220

1- Conclusion of the contract

• The following General Terms and Conditions (GTC) govern the contractual relationship between RYSE Surf and Yoga Retreats (hereinafter referred to as “RYSE”) and its customers. They apply to all offers and services provided by RYSE. A contract between RYSE and a customer is concluded once the customer has contacted the company, registered for a retreat through our email, and received a confirmation of their booking. By booking a retreat, the customer accepts these GTC.

2- Services

• All RYSE retreat services, including surf classes, surf guiding, yoga classes, and other activities such as trips, hiking, excursions, and driving vehicles, are generally available to customers for a reasonable fee. However, it should be noted that there is no legal entitlement to use these services. The number of participants is limited for each retreat. Customers must meet any personal requirements necessary for participation. If a customer does not meet these requirements, RYSE is under no obligation to provide the service. These personal requirements include physical and health-related fitness necessary for participating in the retreat activities.

• The exact scope of services is outlined in the service description on our website and in the booking confirmation in the planning of the retreat. Please note that RYSE reservations the right to modify the activities, the day planing depending on the certain conditions (Ex: Surf session might change depending on the swell)

• RYSE offers yoga and surf retreats, which may include accommodation, as well as meals and transportation.

The exact scope of services is outlined in the service description on our website and in the booking confirmation.

3- Arrival and Participation Obligations

• Participation in a RYSE retreat is only possible if the customer arrives on the specified start date of the retreat. For organizational reasons and to ensure that everything runs smoothly, all participants must arrive on time. If a customer arrives late, RYSE is under no obligation to accommodate them, and there will be no refund for any missed portions of the retreat, including surf classes, yoga sessions, or other activities.

• If there are any issues with your arrival, please contact us via email as soon as possible. However, please note that arriving one day late or missing any scheduled activities due to late arrival will not entitle the customer to any refund or compensation.

Behavioral Obligations

d) The Customer is obliged to adhere to the following guidelines during their stay at the RYSE retreat:

General Conduct:

• The smooth course of the retreat, including all activities and sessions, must not be disturbed.

• There must be no interference with other participants.

• The accommodations, furnishings, and equipment of RYSE facilities must be treated with care.

Surf Classes:

• Customers must follow the instructions and safety recommendations of the surf instructors at all times.

• Equipment such as surfboards and wetsuits must be used responsibly and returned in good condition.

• The surf coaches are to be treated with respect.

• Please refrain from consuming any drugs or alcohol prior and during surf sessions. We reserve the right to deny access to anyone who is under the influence of such substances.

• Be punctual for all scheduled surf classes.

• Respect the ocean and the environment by following guidelines for safety and sustainability.

Yoga Classes:

• Customers must follow the instructions of the yoga instructors to ensure a safe and beneficial practice.

• Silence must be maintained during yoga classes, and disturbances caused by devices such as cell phones must be avoided. Cell phones should always be kept outside practice areas.

• Yoga mats and other equipment must be used responsibly and kept clean.

• Please refrain from consuming any drugs or alcohol prior and during yoga sessions. We reserve the right to deny access to anyone who is under the influence of such substances.

Stay/Lodge Rules:

• Respect quiet hours to ensure a restful environment for all guests.

• Maintain cleanliness and hygiene in shared spaces, including kitchens, bathrooms, and common areas.

• Any form of misconduct such as assault, insults, threats, sexual harassment, suspected destruction, theft, or severe hygiene neglect will not be tolerated.

The RYSE team is authorized to give customers appropriate instructions and to inform them of their duty of conduct. In the event of violations of these rules or instructions from the RYSE team, as well as misconduct, RYSE reserves the right to deny the customer access to the retreat for the entire duration of the retreat after the first violation. In such a case, RYSE has no obligation to provide a refund, and any payments made will be forfeited.

At the request of the RYSE team, the customer is obliged to provide proof of identity. If the customer does not comply with this request, they may be prohibited from using the services.

RYSE also reserves the right to refuse to provide (further) services without giving reasons. In such a case, any payments for retreats or packages not yet consumed will be refunded on a pro-rata basis.

4- Prices and Payment Terms

• The prices for our retreats are listed on our website and include all applicable taxes (VAT 20%) and fees unless otherwise stated.

• Payment is to be made according to the Terms and Conditions and Return and Refund Policy specified on the website. The full amount is due upon booking.

• Payment is made immediately upon purchase by Bank transfer or any other way agreed between Ryse and the consumer in case bank transfer is not possible.

5- Withdrawal and Cancellation

• The Participant can withdraw from the contract at any time before the start of the retreat. The withdrawal must be declared in writing via email.

• In the event of a withdrawal by the Participant, the following cancellation fees apply:

1. Up to 60 days before the start: 10% of the total amount

2. 59 to 30 days before the start: 50% of the total amount

3. Less than 30 days before the start: 100% of the total amount

• RYSE e.U. reserves the right to cancel the retreat in case of insufficient participants or due to force majeure. In such cases, participants will receive a full refund of the payments made.

• For further information, please consult the refund and cancellation policy, which is available on the website.

6- Liability & compensation

• RYSE e.U. is liable for the careful preparation and execution of the retreat and the correctness of the service descriptions.

• RYSE e.U. is not liable for personal injury, property damage, or financial loss that occurs during the retreat unless it results from intentional or grossly negligent behavior on our part.

• Please note that there are no lockable lockers available on the premises of RYSE. In light of the aforementioned, items in the common areas and accommodations are considered unattended. We advise customers to keep their valuables with them at all times. RYSE accepts no liability for any loss or damage to clothing, valuables, money, or other personal property.

  Please note that participation in RYSE retreats, including all activities such as surf classes, yoga sessions, trips, and excursions, is at the customer's own risk. Please note that the use of all equipment and sports utensils is at the customer's own risk. It is the responsibility of the customer to participate in all activities (outdoor and/or indoor) at their own risk. Neither the instructors nor RYSE or its managing directors will be held liable for any injuries, accidents, personal injury, loss, or damage to personal property that occur during these activities or shortly before or after them.

  RYSE accepts no liability for accidents or physical injury to customers. Furthermore, RYSE cannot be held liable for any consequences resulting from the improper performance of exercises or activities. RYSE's liability for financial loss and damage to property is limited to cases of intent and gross negligence. Insofar as permitted by law, the customer waives any right to claim compensation from RYSE for any damages arising from participation in the retreat and its associated activities.

• Participants are responsible for their own insurance coverage, including health, accident, and travel insurance.

• RYSE is not responsible for the issuing and receipt of visas. A traveler who has not known before or during travel on full and proper travel documents may be excluded from the retreat. Expenses in this case cannot be refunded.

• Participants must comply with the rules and instructions of the retreat organizers and instructors.

• Participants must inform us of any health conditions or other concerns that may affect their participation in the retreat.

7- Cookies

The website uses cookies to help personalize your online experience. By accessing RYSE, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

8- License

Unless otherwise stated, RYSE and/or its licensors own the intellectual property rights for all material on RYSE. All intellectual property rights are reserved. You may access this from RYSE for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from RYSE

• Sell, rent, or sub-license material from RYSE

• Reproduce, duplicate or copy material from RYSE

• Redistribute content from RYSE

This Agreement shall begin on the date hereof.

9- Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of RYSE; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to RYSE. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of RYSE's logo or other artwork will be allowed for linking absent a trademark license agreement.

10- Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

11- Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

12- Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

13- Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

14- Data Protection

• RYSE collects, processes, and uses personal data of Participants in compliance with applicable data protection laws. Customer data will be used confidentially for the purpose of fulfilling the contract and for RYSE’s own advertising purposes. Customer data will not be passed on to third parties except when necessary to fulfill contractual obligations, such as communication via email platforms or processing payments via bank transfer.

• The customer agrees to the disclosure of their data for the purpose of contract fulfillment by RYSE. The customer also agrees that their data may be stored and processed in RYSE’s system in accordance with data protection legislation.

• Customers can request the deletion of their data at any time.

Pictures and Videos

By participating in events, classes, or other activities at RYSE retreats, participants consent to the use of image and video recordings.

By providing consent, you are authorising RYSE to use the recordings for the following purposes:

• Publication on RYSE's official websites and social media channels

• Use in marketing and advertising materials (e.g. brochures, flyers, posters)

• Display in internal and external presentations

The images may be used worldwide and for an unlimited period of time. Please note that there is no entitlement to remuneration or proof of use.

RYSE is committed to protecting the personal rights of individuals depicted and ensuring that any published content is sensitive and appropriate. Images will only be used that do not damage the reputation or dignity of the individuals depicted. Learning a sport, and similar activities will not be considered a violation of dignity. Participants have the right to withdraw their consent for the use of their image and video recordings at any time, in writing. In this instance, RYSE will refrain from utilising the aforementioned recordings in the future and, where feasible, remove any previously published content.

RYSE cannot be held liable for the unauthorised use of recordings by third parties, for example, through the sharing of social media posts.

15- Final Provisions

• Changes and additions to these General Terms and Conditions must be made in writing.

• If any provision of these General Terms and Conditions is invalid, the validity of the remaining provisions shall not be affected.

• The place of jurisdiction is Vienna, Austria. Austrian law applies.

In the event of any conflict between Austrian substantive law and any other applicable law, the former shall prevail. In the event that the KSchG does not apply to the contractual relationship, the exclusive place of jurisdiction for all disputes between RYSE and the Customer shall be the competent court for 1220 Vienna.

16- Miscellaneous & Severability Clause

There are no additional agreements to these GTC outside of what is stated herein. Any amendments to these GTC must be made in writing. If any individual clause of these GTC is found to be invalid in whole or in part, the validity of the remaining clauses shall not be affected. The contract will remain valid, with the invalid clause being replaced by a clause that closely approximates the economic purpose of the invalid clause.

The requirement for written form shall be satisfied by transmission via email. If the customer has provided an email address, all communications between the contracting parties may be conducted via email.

Last modification: 04 August 2024 9:40

Thank you
RYSE Team.