Terms and conditions

General information

Provider: Projekt Free Spirit, sole proprietorship

Owner: Michael Mutschlechner

Address: on request, as this is a private address

Contact: info@projekt-freespirit.net

VAT no.: 01379170218

§1 Scope and provider

(1) This website (the "Site") and/or the services, including any associated mobile applications (together: the "Services") and any offers and sales of products and services ("Products") via the Site, are owned and operated by Michael Mutschlechner as a sole proprietorship (hereinafter also referred to as "we", "us" and "our"). These terms and conditions (the "Conditions") set out the terms under which visitors or users (together: "User" or "you") may visit or use the Site and/or the Services and purchase Products.

(2) By accessing or using the Services you agree to and accept these Conditions as binding. If you do not agree with all of the Conditions, you may not access the Site or use the Services. Please read these Conditions carefully before you access our Site, use the Services or purchase Products. These Conditions tell you who we are, how we sell Products to you, how you can cancel the purchase contract, and what you can do if there is a problem.

(3) You warrant that you are of legal age and have the legal capacity, right and freedom to enter into a binding agreement on the basis of these Conditions and to use the Services and purchase Products. If you are a minor, you need the consent of your parents or a legal guardian in order to use the Services or purchase Products.

(4) Any user terms and conditions that deviate from these Conditions are rejected.

§2 Booking of offered services

(1) You can make bookings in order to purchase the offered services. Via our Site or our services, we may grant you permission to book dates for the use of the services we offer. When you book a date for one of the services we offer, you agree to appear at the stated place at the scheduled time and to pay the displayed price by the agreed payment method. If you are unable to keep the agreed date, you agree to cancel that date no later than 24 (twenty-four) hours before the originally agreed time. If you do not cancel an agreed date, or do not do so at least 24 (twenty-four) hours in advance, you will not receive a refund of payments already made.

The above 24-hour deadline does not apply to seminars, workshops or retreats. Separate cancellation conditions apply to these events, which are set out in the respective event description and listed below.

(2) We may require payment for a specific offered service. When you make a payment for our offered services, you agree that: (i) it is your responsibility to read the full entry and description of the offered services before booking them bindingly, and (ii) you enter into a legally binding contract to book an offered service when you complete the booking process.

(3) You may select the offered services and available dates you wish to book and collect them in a shopping cart by making the corresponding selection (e.g. type of offered service, quantity (if applicable), date and time of the appointment) and clicking the respective button. Our prices are listed on the Site or in the services. We reserve the right to change our stated prices for offered services at any time (provided that you are only charged the amount to which you agreed before the price change) and to correct price errors that occur unintentionally with effect from the future.

(4) Before you click the "Book" button, all offered services and dates selected by you, including the total price, are displayed again in a booking summary. You can then still identify and correct any input errors before placing your final binding booking order. By clicking the "Book and pay" button, you place a binding order to book the offered services for the selected date. The order can, however, only be placed and submitted once you have accepted these Conditions by clicking the corresponding box and thus included them in your booking order.

(5) We will then send you an automatic acknowledgement of receipt of your booking order by e-mail, in which your booking order is set out again and which you can then print or save using the corresponding function. The automatic acknowledgement of receipt only confirms that we have received your booking order; it does not yet represent our acceptance of that order.

(6) The legally binding agreement on the booking of the offered services is only concluded once we have sent you a confirmation e-mail. We reserve the right not to accept your booking order. This does not apply in cases where we offer a payment method - and you select this payment method for your order - with which a payment process is initiated immediately (e.g. electronic bank transfer or real-time bank transfer via PayPal, Giropay, Paydirect). In this case, the legally binding contract is deemed concluded once you have initiated the booking process, as described above, by clicking the "Book and pay" button.

(7) The contract may be concluded in [German]. After the conclusion of the contract, the contractual conditions are retained by us and you then no longer have access to them.

(8) The fees for the offered services are due before the service begins. In the event that payment for the offered services is to be made offline, you hereby undertake to send payment in full before the scheduled time of the appointment. We reserve the right to refuse to provide the offered services at any time if no payment has been received.

§3 Cancellation conditions for seminars, workshops and retreats

(1) Separate conditions apply to the cancellation of seminars, workshops and retreats:

If you cancel more than 3 months before the start of the event, cancellation is free of charge.

If you cancel less than 3 months before the start of the event, the deposit of 500 € paid will be retained.

If you cancel less than 1 month before the start of the event, 80 % of the total amount is charged as a cancellation fee.

If you cancel less than 1 week before the start of the event or fail to appear, 100 % of the total amount is charged.

(2) Cancellations are possible exclusively in writing by e-mail or letter, and are only deemed effective once receipt of the cancellation has been confirmed by the provider.

(3) In the case of a free cancellation, a deposit already paid is not refunded but credited in full in the form of a voucher. The voucher is valid without limit and can be applied to other events or services of the provider. Payment in cash is excluded.

(4) In the event of an early departure after the start of the event, there is no entitlement to a refund of payments already made.

(5) Non-refundable instalments (non-refundable rates), expressly identified as such in the booking process, can be neither cancelled nor changed.

(6) By completing the booking you bindingly acknowledge the above booking and cancellation conditions.

§4 Refunds are not covered by the cancellation protection

Agreed dates for offered services may occasionally be cancelled on account of events beyond our control, such as natural disasters. In these cases you will receive a refund.

§5 Hotel services

(1) You can book the hotel services that we offer via our Site or our services in accordance with these Conditions.

(2) You may select the available hotel room(s) and further hotel services you wish to book and collect them in a shopping cart by making the corresponding selection (e.g. arrival and departure date, type of hotel room, other hotel services) and clicking the respective button. Our prices are listed on the Site or in the services. We reserve the right to change our stated prices for hotel services at any time (provided that you are only charged the amount to which you agreed before the price change) and to correct price errors that occur unintentionally with effect from the future. Further information on pricing and sales tax (VAT at the applicable rate as well as other relevant taxes, fees or charges) is available during the booking process on the Site and in the booking summary. The prices include sales tax (VAT) at the applicable rate as well as other relevant taxes, fees or charges. They do not include local taxes payable by you under the respective municipal law, e.g. tourist tax. Prices are calculated in the local currency of the hotel. Price lists for additional items, in particular meals in the restaurant and room service, are posted in the hotel restaurant and in the hotel bar (if available) as well as at the corresponding points within the hotel, and are also available on request.

(3) Before you click the "Continue to payment" button, all hotel services selected by you, including the total price, are displayed again in a booking summary. You can then still identify and correct any input errors before making your final binding booking. By clicking the "Book and pay" button, you place a binding order to book the hotel services for the selected date.

(4) We will then send you an automatic acknowledgement of receipt of your booking order by e-mail, in which the hotel services selected by you are set out again and which you can then print or save using the corresponding function. The automatic acknowledgement of receipt only confirms that we have received your booking order; it does not yet represent our acceptance of that order.

(5) The legally binding agreement on the booking of hotel services is only concluded once we have sent you a confirmation e-mail. We reserve the right not to accept your booking order. This does not apply in cases where we offer a payment method - and you select this payment method for your booking order - with which a payment process is initiated immediately (e.g. electronic bank transfer or real-time bank transfer via PayPal, Giropay, Paydirect). In this case, the legally binding contract for hotel services is deemed concluded once you have initiated the booking process, as described above, by clicking the "Continue to payment" button.

(6) The contract may be concluded in [German]. After the conclusion of the contract, the contractual conditions are retained by us and you then no longer have access to them.

(7) The prices displayed on our Site or in our services are to be understood as an average price per night and per person until a specific rate is selected. Meals or additional services are only included where this is expressly stated. For specific rates, a minimum length of stay, a deposit, cancellation fees and other conditions may apply, as stated in each case.

(8) Maximum occupancy rules apply to hotel rooms. For further information, please contact us directly.

§6 Check-in / check-out requirements

(1) The check-in and check-out times correspond to the times stated on our Site or in our services, unless the hotel has specified something different to you at the time of concluding the hotel services contract.

(2) A check-out after the regular check-out time (late check-out) can be requested and is subject to availability; it is charged at the rates published by the hotel at the time the contract is concluded. You have no entitlement to a late check-out.

§7 Payment

(1) For binding advance bookings of hotel services, the price for the entire booked hotel service is to be paid in advance, at the latest on arrival at the hotel. In this case, on arrival you must present the payment method specified at the time of booking, as well as a suitable identification document (if required) and the booking number (if available).

(2) All outstanding amounts must be settled in full when checking out of the hotel. If the outstanding amounts do not exceed the amount authorised at check-in, the authorisation for the unused amount is released. This release takes place without undue delay. We have, however, no influence on how long it takes your card issuer or bank for the release to take effect.

§8 Cancellation conditions and failure to appear

(1) The cancellation conditions are based on the booked rate. Please note the respective full rate descriptions stated in the booking process for hotel services.

(2) Fees for cancellations or failure to appear may be charged up to the amount of the agreed fees according to the corresponding point in time, and will be charged in the agreed amount to the payment method stated at the time of booking.

§9 Amendments or cancellations by us

(1) If it was agreed when booking the hotel that you may cancel the contract free of charge and without giving reasons within a certain period, we are also entitled to cancel the contract within this period (e.g. if contractually agreed advance payments are not made).

(2) In the event of a justified cancellation by us, you have no entitlement to compensation.

§10 Force majeure

We are not liable and will not pay compensation if the performance of our obligations is prevented or impaired, directly or indirectly, by or as a result of force majeure or other circumstances beyond our reasonable control, in particular in respect of flooding, earthquakes, extremely adverse weather conditions, natural disasters, pandemics, natural events, acts of terrorism, fire, or failure of electricity, gas, water or other supply services, or the collapse of installations, machines, computers, vehicles or buildings, and on the assumption that we have in no way acted negligently or culpably.

§11 No right of withdrawal

You have no statutory right of withdrawal for distance contracts when you book hotel services via the Site or the services.

§12 Warranty for hotel services

We are liable for defects in the hotel services booked by you in accordance with the statutory warranty provisions and, where applicable, with mandatory local law.

§13 Purchase of products

(1) The purchase of products is subject to the Conditions valid at the respective time.

(2) When you buy a product:

(i) it is your responsibility to read the item description in full before buying it bindingly, and

(ii) completing an order on the Site (by completing a payment process via the "Place order and pay" button or a similar button) may constitute a legally binding contract for the purchase of the corresponding product, unless these Conditions provide otherwise.

(3) You can select products from our product range with a single click on the corresponding button and add them to the shopping cart. Our prices are listed on the Site. We reserve the right to change our prices at any time and to correct price errors that occur unintentionally. Such changes have no effect on the price of products you have already purchased before that. Upon payment, you will be shown an overview of all the products you have placed in the shopping cart. The overview includes the essential characteristics of each product as well as the total price for all products, the applicable sales tax (VAT) and, where applicable, the shipping costs. On the payment page you also have the opportunity to check the products and quantities and, if necessary, to change, remove or correct them. You can also still identify and correct any input errors using the editing function before placing your final binding order. All stated delivery periods apply from receipt of your payment of the purchase price. When you click the "Place order and pay" button, you place a binding order to purchase the listed products at the stated price and stated shipping costs. In order to complete the ordering process via the "Place order and pay" button, you must first acknowledge these Conditions as binding for your order by clicking the corresponding box.

(4) We will then send you an acknowledgement of receipt of your order by e-mail, in which your order is set out again and which you can then print or save using the corresponding function. Please note that this is an automatic notification which only confirms that we have received your order. It does not indicate that we have accepted your order.

(5) The legally binding agreement on the purchase of the products is only concluded once we have sent you a declaration of acceptance by e-mail or have shipped the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you select this payment method for your order - with which a payment process is initiated immediately upon submission of your order (e.g. electronic bank transfer or real-time bank transfer via PayPal, Giropay, Paydirect). In this case, the legally binding agreement is deemed concluded once you have initiated the ordering process, as described above, by clicking the "Place order and pay" button.

(6) The purchase contract may be concluded in [German]. After the conclusion of the contract, the contractual conditions are retained by us and you then no longer have access to them.

§14 Right of withdrawal

(1) You may withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires 14 days after the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

Projekt Free Spirit - Michael Mutschlechner,

Address: on request, as this is a private address

Telephone number: on request, as this is a private number,

E-mail address: info@projekt-freespirit.net

of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter by post, fax or e-mail). You may (but need not) use the enclosed withdrawal form for this purpose.

You may also complete and submit the withdrawal form or another unequivocal declaration electronically on our website (see withdrawal form). If you make use of this option, we will send you an acknowledgement of receipt of this withdrawal without undue delay, by a durable medium (e.g. by e-mail).

In order to observe the withdrawal period, it is sufficient that you send your notification of the exercise of your right of withdrawal before the expiry of the withdrawal period.

(2) Consequences of withdrawal

If you withdraw from this contract, we will refund to you - without undue delay and in any event no later than 14 days after receipt of the notification of your withdrawal - all payments we have received from you, including the delivery costs (with the exception of the additional costs incurred if you choose a delivery method other than the cheapest standard delivery we offer). We will make such a refund using the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged any fees as a result of such a refund.

(3) Exceptions from the right of withdrawal

The right of withdrawal expires for contracts for the supply of digital content (including streaming, downloads etc.) which is not supplied on a physical medium (e.g. CD or DVD), if you have expressly consented to our beginning to perform the contract before the expiry of the withdrawal period, and you have confirmed that you are aware that you lose your right of withdrawal as soon as the performance of the contract has begun.

§15 Warranty for products

In accordance with the statutory warranty provisions, we are liable for defects in quality and/or defects in title of the products you buy from us.

§16 Storage of online payment details

You may store a preferred payment method for future use. In this case we store these payment details in accordance with the applicable industry standards, where available (e.g. PCI, DSS). You can identify your stored card by its last four digits.

§17 Vouchers, gift cards and other offers

From time to time, vouchers, gift cards or discounts and other offers ("Offers") are available for our products. Such offers are only valid for the period specified in the offer in question. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written consent.

§18 Member account

(1) In order to access and use certain areas and features of our Site, you must first register and create an account ("Member Account"). You must provide correct and complete information when registering your Member Account.

(2) If a person other than you accesses your Member Account and/or your settings, they can perform any action available to you and, for example, make changes to your Member Account. For this reason we strongly advise you to keep your Member Account login details secure. In the case of such activity, it may be assumed that it has been carried out for you and in your name, and you alone may be responsible for any activity carried out through your Member Account - regardless of whether you have expressly authorised it or not - and for all damage, expenses and losses arising from this. You are liable for activity in connection with your Member Account carried out in the described manner if you have negligently enabled the use of your Member Account by failing to take reasonable care to protect your login details.

(3) You may create and access your Member Account via a dedicated website, or via a third-party platform such as Facebook (the "Social Network Account"). If you sign in via an account of a third-party platform, you hereby grant us access to certain information about you that is stored in your Social Network Account.

(4) We may permanently or temporarily block or suspend access to the Member Account, without liability to you, in order to protect us, our Site and our services or other users, for example if you breach these Conditions or applicable law or regulations in connection with your use of the Site or your Member Account. This may occur without prior notice if the circumstances require immediate action; in this case we will inform you as soon as possible. In addition, we reserve the right to terminate your Member Account by e-mail subject to a two-month notice period, for example if we discontinue our Member Account programme. You may at any time discontinue the use of your Member Account and request the deletion of your Member Account by contacting us.

§19 Permitted use

(1) Our services are made available to you for information purposes and only for private, non-commercial use. When using our services you must comply with these Conditions and all applicable laws.

(2) Unless expressly permitted by these Conditions, it is not permitted:

(i) to use our services in an unlawful or fraudulent manner (including the infringement of the rights of third parties) or for the purpose of collecting personal data or impersonating other users;

(ii) to alter or use our copyright, trademark or other proprietary rights notices, or to interfere with the security-related features of our services;

(iii) to use our services in any way to manipulate or falsify content or to undermine the integrity and accuracy of content, or to take measures to disrupt, damage or interrupt any part of our services;

(iv) to use our services to send, receive, upload/post or download material that does not meet our content standards;

(v) to use our services to transmit or facilitate the transmission of unsolicited or unauthorised advertising or promotional material;

(vi) to use our services to transmit or upload to our services data containing viruses, trojans, worms, time bombs, keylogging, spyware, adware or other malicious programs or similar computer codes intended to impair the operation of computer software or hardware;

(vii) to use robots, spiders, other automated devices or manual processes to monitor/copy our or other sites or the content contained in our services, or to use network monitoring software to determine the architecture of our services or to extract usage data from our services;

(viii) to engage in conduct that restricts or prevents other users from using our services, or

(ix) to use our services without our prior written consent for commercial purposes or in connection with a commercial activity carried out. You agree to cooperate fully with us in the investigation of any activity that is alleged or actually to breach these Conditions.

§20 Intellectual property rights

(1) Our services and associated content (and all derivative works or improvements thereof), in particular in respect of all texts, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trade marks, service marks, brand names and trade dress as well as interactive features and all intellectual property rights therein, are either owned by us or licensed to us (together: "our intellectual property rights"), and none of the wording in these Conditions grants you any rights in relation to our intellectual property rights. Unless expressly set out here or required for the use of the services under mandatory statutory provisions, you acquire no rights, claims or shares in our intellectual property rights. All rights not expressly granted in these Conditions are expressly reserved.

(2) If products include digital content such as music or videos, the rights are granted to you as specified on the Site in relation to such content.

§21 Disclaimer of warranty for the use of the Site and the services

The services, our intellectual property rights and all information, materials and content made available in connection therewith and made available to users free of charge are provided free of defects and without any guarantee of availability and without warranties of any kind, express or implied (including warranties of fitness for a particular purpose or warranties as to the security, reliability, currency, accuracy and performance of our services, etc.) - except in the case of wilful non-disclosure of defects. We do not warrant that free services will be provided without interruption and without error, or that they will meet your requirements. Access to the services and the Site may be suspended or restricted as a result of repairs, maintenance work or updates. The warranty for products you buy from us, as set out above in the section "Warranty for products", remains unaffected.

§22 Indemnity

You agree to defend, hold harmless and indemnify us against and from any actual or alleged claims, damages claims, costs, liabilities and expenses (in particular reasonable legal fees) arising out of or in connection with your use of the website and the services in breach of these Conditions, including in particular any use that breaches the restrictions and requirements set out in the section "Permitted use", unless these circumstances are not attributable to your fault.

§23 Limitation of liability

(1) We are liable only in the case of intent, gross negligence, negligent injury to life, body or health, or negligent breach of a material contractual obligation, and only in the case of chargeable services or the sale of products. A "material contractual obligation" means an obligation whose performance is a basic prerequisite for the proper performance of the agreement and on which you may normally and reasonably rely. Our liability for negligent breach of a material contractual obligation is limited to the amount of a typical and foreseeable loss for this type of contract. Our liability under the Product Liability Act or in the event that we have expressly given a guarantee remains unaffected.

(2) The above provisions apply to our contractual liability (including liability for wasted expenditure) and non-contractual liability (including liability in tort) as well as liability arising from pre-contractual dealings (culpa in contrahendo). They also apply in favour of our managing directors, executives or other statutory representatives, employees and agents.

(3) By purchasing one of our products, you confirm and accept the general liability waiver which is available on our website. This liability waiver automatically becomes part of the contract by virtue of your order and is expressly acknowledged by you.

§24 Amendment of the Conditions and the services; discontinuation

We reserve the right to amend these Conditions from time to time at our sole discretion in order to reflect changes in the law or additional features we may introduce, or if we develop our business in some other way. You should therefore read these Conditions regularly and in any event during the payment process when you purchase Products. The new Conditions apply to every new order you place after the date on which the new Conditions come into force. If continuous services used by you are affected by the changes, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes in good time and in advance. The changes are deemed accepted by you if you do not object to them within two months of this notification. We will point this out in our notification. If you object to the changes, we have a special right of termination - with no further obligations towards you - which takes effect on the date on which the changes come into force.

We may modify the services, discontinue the provision of the services or of one or more functions of the offered services, or restrict the services. We may permanently or temporarily terminate or suspend access to the services themselves - without giving reasons and without further obligations. Where this is possible in the given circumstances, we will inform you in good time and in advance and will take your legitimate interests into account in an appropriate manner in the event of such measures.

§25 Links to third-party websites

The services may contain links by which you can leave the Site. Unless otherwise stated, the linked pages are not under our control, and we are not responsible for the content of linked pages, for links contained on a linked page, or for changes and updates to such pages. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided for information purposes only. The fact that we have included links to other websites does not mean that we endorse their ownership or their content.

§26 Governing law

(1) These Conditions are subject to the laws of the [Italian Republic] (without regard to the rules of conflict of laws) and are to be construed accordingly.

(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.

§27 MISCELLANEOUS

(1) The language of the contract is German

(2) A waiver by either party of a breach or default under these Conditions does not constitute a waiver of any preceding or subsequent breach or default.

(3) The headings used in these Conditions are for ease of reference only and no legal significance is to be ascribed to them.

(4) Unless expressly otherwise provided, if any part of these Conditions is deemed unlawful or unenforceable for any reason, it is agreed that this part of the Conditions shall be replaced by another legally permissible provision of the same intent or shall be deleted, and the remaining Conditions shall remain unaffected and fully effective.

(5) Without our prior written consent, you may neither assign the agreement concluded with us under these Conditions nor transfer all or part of your contractual rights or obligations.

(6) These Conditions constitute the entire agreement and replace all prior written or oral agreements between you and us in connection with the services and the sale of products.

(7) Those provisions of these Conditions which by their nature are intended to survive such action by us shall survive, in particular with regard to provisions on compensation, indemnities, disclaimers of liability, limitations of liability and this section "Miscellaneous".

(8) We reserve the right to make changes to our website, rules, conditions including these terms and conditions at any time. Your order is governed by the sales conditions, contractual conditions and terms and conditions in force at the time of your order, unless a change to these Conditions is required by law or by official order (in which case they also apply to orders you have placed previously). If any provision of these sales conditions is invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

(9) If you breach these terms and conditions and we do nothing about it, we remain entitled to exercise our rights on any other occasion on which you breach these sales conditions.

Contact

To contact us, please send an e-mail to:

Name: Projekt Free Spirit

E-mail: info@projekt-freespirit.net

*For the sake of better readability, the text forgoes gender-neutral differentiation, such as the simultaneous use of masculine and feminine forms. All personal designations apply equally to all genders. This wording contains no judgement and serves solely to simplify the language.