Terms and Conditions of Events and Retreats
1. DEFINITIONS
1.1. “Booking” means A KI YOGA booking or purchase process which is subject to acceptance of these Terms.
1.2. “Client” means the person who makes a Booking or any individual that receives tickets as part of the Booking
1.3. “Event” means the yoga classes, retreats or events which are the subject of the Quotation and Booking.
1.4. “KI YOGA” means KI CONCEPTS PTE LTD (Singapore Company Registration Number 202128715H)
1.5. “Quotation” means the prices for various products and services quoted and listed by KI YOGA online or offline or sent via email to the Client which is the subject of the Booking.
1.6. “Services” means the yoga services to be performed by KI YOGA pursuant to the Booking in accordance with these Terms.
1.7. “Terms” means these booking terms and conditions.
2. BOOKING AND PAYMENT TERMS
2.1. For all bookings of Event(s) and purchases of any class packages or passes, full payment of the total amount shall be due immediately. By booking an Event or Yoga Retreat with KI YOGA, the Client is deemed to have read and understood the Quotation and agreed to these Booking Terms and Conditions and the Booking will be accepted by KI YOGA on this basis. A legally binding contract shall be formed according to clause 5.6.
2.2. Upon receipt of the Booking or purchase from the Client, KI YOGA shall send the Client an invoice for payment received.
2.3. The Client is advised to provide all details requested by KI YOGA upon confirmation of booking. Failure to provide certain important and essential information may result in additional costs or even disruption of Event. This term especially applies to Events held outside of Singapore.
2.4. Failure to provide important information may, at the discretion of KI YOGA, count as a Cancellation of Booking and the total costs incurred by the Client for the Booking is 100% non-refundable.
2.5. Any items stated in the Quotation as “additional” items or any items which are requested by the Client after the Booking has been confirmed by KI YOGA, must be confirmed by the Client in writing (email shall be sufficient) or in speech in front of a neutral third party as witness before being actioned by KI YOGA.
2.6. For any bookings or additional services accepted within 15 days of Event, KI YOGA reserves the right to charge a late fee or surcharge post booking to cover any additional administrative costs.
2.7. For any late fees or surcharge that KI YOGA will charge post booking, the Client would be notified within five (5) working days and be given the option of a full cancellation with a full refund for a given time frame, no less than (1) working day.
2.8. Full payments due to KI YOGA post Booking shall be made via immediate interbank funds transfer or cash payment prior to the due date stipulated or the Event, whichever is earlier.
2.9. Any variation or amendment to these payment terms will be set out by KI YOGA in writing (email shall be sufficient) on the Booking.
2.10. Subject to 2.9 above, no variation to the Terms shall be binding unless agreed in writing (email shall be sufficient) by an authorised representative of KI YOGA.
2.11. Any typographical, clerical or other error or omission in any Quotation, correspondence or other Booking documents or information issued by KI YOGA shall be subject to correction without any liability whatsoever on the part of KI YOGA.
2.12. For Events held outside of Singapore, each Client must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for their stay. All passports must be valid for at least 6 months and it is the Client’s responsibility to be in possession of the correct visas, permits and certificates for all overseas travels. KI YOGA is not liable if the Client is refused entry for passport, visa or other travel documentation issues.
2.13. For the majority of our Events, the minimum age for Clients is 16 and all Clients under the age of 18 must be accompanied by at least one Client who is responsible for the child’s care. Discretion may be exercised upon request and KI YOGA reserves the final right to allow or disallow Children from events. Clients must inform KI YOGA if they wish to make a booking for a Child
2.14. It is important and essential to inform KI YOGA of pregnancies and any ongoing health issues, recovered or otherwise. KI YOGA may at discretion, dissuade, stop or disallow any Clients from attending any Event based on any declared health or medical conditions. The relevant health issues include, but not limited to, recent surgeries, major illnesses, contagious diseases, disabilities, injuries, relevant mental conditions (e.g. fear of travel by flying or by boat). Refunds on any payment made will be evaluated and decided by KI YOGA on a case-by-case basis.
2.15. KI YOGA does not provide Travel Insurance for any events conducted outside of Singapore. Clients are strongly recommended to procure travel insurance is highly recommended for events outside of Singapore. For certain Event(s), KI YOGA may strongly advise Clients to own at least a basic travel insurance (prior to departure from Singapore) that covers against personal accident, death, medical expenses and emergency repatriation. On top of the basic features, it is also recommended that the travel insurance owned covers cancellation, curtailment, personal liability and loss of luggage and personal effects.
3. VARIATION AND CANCELLATION
3.1. If the Client wishes to vary any details of the Booking after it is returned to KI YOGA, it shall notify KI YOGA in writing (via email) as soon as possible. KI YOGA shall endeavour to make any required changes, but the Client is liable for any additional costs thereby incurred, subject to payment terms detailed in clause 2.8).
3.2. Whilst every reasonable effort will be made to ensure that the Services are provided in accordance with the Booking, KI YOGA reserves the right in its sole and absolute discretion to make any changes to the Services for the Event which do not in the opinion of KI YOGA materially affect the quality of the Services. If KI YOGA has to make any material changes relating to the Booking it shall notify the Client forthwith. KI YOGA shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances. Where such alternative is not acceptable to the Client acting reasonably and in good faith, KI YOGA shall refund to the Client the price paid according to the Booking.
3.3. Cancellation of a Booking may not be accepted by KI YOGA unless and until it is confirmed in writing (email shall be sufficient) with the Client. In the event of a valid cancellation by the Client after the Booking is returned, KI YOGA may apply and the Client shall be liable to pay to KI YOGA the following cancellation charges:
Where KI YOGA receives a valid cancellation of a Booking:
- more than 60 days before the Event, the Client shall be liable for 50% of the total price of the Booking or full costs incurred with external third-party vendors approved in writing (email shall be sufficient) by the Client, whichever is more; and
-in the period within 31 to 60 days before the Event, the Client shall be liable for 75% of the total price of the Booking; and
- less than 30 days prior to the Event, the Client shall be liable for 100% of the total price of the Booking.
- Where KI YOGA receives a valid cancellation of a Booking after the collection of deposit fees, the full deposit fees would be forfeited and incurred on top of the above.
For the avoidance of doubt, if any of the above cancellation charges apply and the Client has already paid more than the relevant amount to KI YOGA, the Client shall receive a refund of the difference.
3.4. Special payment terms may apply especially for overseas travel if otherwise stated at the time of purchase by KI YOGA in writing in communications with the Client.
3.5. KI YOGA may cancel any Booking forthwith by notice in writing (email shall be sufficient) to the Client in accordance with clause 3.5 or if at any time the Client becomes bankrupt or insolvent (or if bankruptcy or insolvency proceedings are commenced against it). In such an event, KI YOGA shall be entitled to retain any and all sums already paid to it by the Client in connection with the Booking, which shall be without prejudice to any other rights it may have whether at law or otherwise.
3.6. If for any reason beyond the reasonable control of KI YOGA (including but not limited to an Act of God, explosion, abnormally inclement weather, flood, tempest, fire or accident, war or threat of war, terrorist activity or threat of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental or local authority, import or export regulations or embargoes, strikes, lockouts or other industrial actions or trade disputes, power failure), the Event and/or the Services are cancelled or disrupted in any way, KI YOGA shall not be liable to the Client or be deemed to be in breach of the Booking or these Terms by reason of any delay in performing, or failure to perform any of its obligations in relation to the Booking or these Terms. KI YOGA may choose to, but shall not be obliged to, agree in good faith with the Client the amount of any refund to the Client. If the Client wishes to protect its investment in the Services purchased in relation to the Event, the Client is advised to seek contingency insurance from a specialist contingency insurance broker. KI YOGA shall have no further liability to the Client arising from KI YOGA’s failure to perform the Services in any such circumstances.
4. LIMITATION
4.1. KI YOGA shall not under any circumstances be liable to the Client in contract, tort (including negligence) or otherwise for loss of revenues or opportunities, goodwill, reputation or any type of special, indirect or consequential loss (even if such loss was reasonably foreseeable or KI YOGA had been advised of the possibility of the Client incurring the same).
4.2. Further, KI YOGA shall have no liability for any death or bodily injury (except death or injury caused by the gross negligence or willful misconduct of KI YOGA, or its staff), or for any loss of or damage to property, of any person attending the Event pursuant to the Booking, whether arising from such attendance, the provision or use of the facilities, or the inherent risks of participating in the Event’s activities. The Client agrees to indemnify and hold KI YOGA harmless against any claim, demand, or legal action in respect of any such liability, including costs and expenses incurred by KI YOGA in connection therewith.
4.3. Without prejudice to any other limitation or exclusion of liability set out in these Terms and to the fullest extent permitted by law, the total liability of KI YOGA to the Client in contract, tort or otherwise including negligence (save for any liability arising from death or personal injury due to the negligence of KI YOGA or its employees which shall be unlimited) arising in relation to the Event (and/or the provision of the Services to the Client) shall not exceed 50% of the total amount paid by the Client hereunder.
4.3 KI YOGA will not be liable for any damages or claims arising from cancellations or failures to deliver goods and services by a Third-Party Provider (e.g. Hotel, Airline, Ferry Operator, Restaurant). By agreeing to the Terms, all Clients also agree to the terms and conditions stipulated by Third-Party Providers.
5. GENERAL
5.1. All Quotations are made and Bookings accepted subject to these Terms. These Terms shall apply to all Quotations and Bookings in precedence over any other printed terms and conditions, including any appearing on the Client’s stationery or correspondence.
5.2. The Client shall procure that all Clients comply with these Terms and furthermore the Client indemnifies KI YOGA against all claims, costs, damages and judgements awarded against or incurred or paid by KI YOGA as a result of or in connection with the Booking.
5.3. No amendment or variation to these Terms shall be binding unless agreed in writing (email shall be sufficient) by both parties.
5.5. The Client consents to being photographed at the Event, to filming and sound recording of the Event and consents to the use of such, photographs and/or recordings in any marketing or promotional materials in connection with the Event, on the Event website and in any broadcast or publication in any territory in the world. Clients who wish not to be photographed shall inform KI YOGA in writing and the Client shall be responsible to exclude himself/herself from all photography during the Event.
5.6. No binding contract shall be formed until KI YOGA has received full payment from the Client for the Booking (which incorporates these Terms). No tickets, itineraries, maps or other final details with respect to any Event or arrangements relating to any Booking will be forwarded to the Client until payment has been received in full by KI YOGA.
5.7. No waiver by KI YOGA of any breach of these Terms by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
5.8. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
5.9. The rights granted to the Client hereunder are personal to the Client and may not be transferred or assigned to any third party without the prior written consent of KI YOGA.
5.10. The Quotation, the Booking and these Terms contain the entire understanding between the parties with respect to their agreement concerning the Event. In entering into this contract neither party has relied on (nor shall it have any remedy, in contract or tort, in respect of) any statement, representation, warranty or understanding which is not expressly set out in the Quotation, Booking or these Terms, provided that nothing herein shall operate to exclude or limit any liability for fraud.
5.11. The Client shall at all times be subject to the terms, conditions and rules imposed by the organisers of the Event and/or the Event venue and shall indemnify KI YOGA from and against all and any claims arising from the Client’s breach of the same.
5.12 Clients shall observe proper conduct during the Event. Disruptive behaviour or disorderly conduct may lead to the Client’s removal from the Event without refund, at KI YOGA’s sole discretion.
Disruptive behaviour or disorderly conduct include, but not limited to, sexual harassment, use of violence, use of abusive language, alcohol or substance abuse, harassment of other Clients or to general public, destruction or soiling of the environment.
5.13. The Client shall not sell the benefit of any Booking on the wholesale or trade market without prior written consent from KI YOGA. No Client may transfer the benefit of the Booking for use as a competition prize or other promotional use as a competition prize or other promotional use.