Updated on 19 August 2023

GENERAL TERMS & CONDITIONS, DISCLAIMERS

Article 1: General provisions

EWA LITKE-BAK is the exclusive contracting party for all services performed by its trainers, employees and/or appointees.

These General Terms and Conditions (“Terms and Conditions”) and Disclaimers apply to all services and products provided by EWA LITKE-BAK to offline and online customers (“Customer”).

These Terms and Conditions govern all offers, orders, contracts and invoices unless otherwise agreed in writing. EWA LITKE-BAK reserves the right to amend these Terms and Conditions at any time to comply with (changing) legal obligations or in order to improve its services or adapt to changes in the products or services on offer.

By ordering any service or product, Customer accepts these Terms and Conditions without reservation and to the exclusion of all others (the application of other conditions is excluded).

Article 2: Online offers and use of electronic communication

The website of EWA LITKE-BAK offers its customers the possibility to purchase services or products online.

Even though the offer published online on the EWA LITKE-BAK website is compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors or is not up to date. Obvious mistakes or errors in the offer are not binding on EWA LITKE-BAK. EWA LITKE-BAK is only bound by an obligation of means as to the correctness and completeness of the information provided. EWA LITKE-BAK is in no way liable in the event of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about the services offered, we ask the Customer to contact EWA LITKE-BAK via email (hello@ewalitke.com) before registering.

EWA LITKE-BAK communicates with Customer electronically via the internet and email and uses electronic tools and solutions. Both electronic communications and electronic work tools and solutions entail risks from a security and confidentiality perspective; in electronic communications, application may be made of filters, firewalls and other security devices which may block legitimate emails that may therefore remain unread. If you would prefer that we do not communicate via the internet or email or use electronic work tools and solutions, please inform us accordingly.

In addition to online offers, EWA LITKE-BAK may offer tailor-made (corporate) solutions for which pricing is not available on the website but will be communicated directly to the Customer.

Article 3: Purchase orders

The offer of products or services whether online or offline relating to, classes, courses or other activities offered by EWA LITKE-BAK, remains valid as long as the maximum number of participants has not been reached but can be adapted or withdrawn by EWA LITKE-BAK at any time. EWA LITKE-BAK cannot be held liable for the non-availability of a service. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

Purchases (acceptance of an offer by the Customer) are binding and commit the Customer, yet the sale only becomes final upon order purchase confirmation (acceptance by EWA LITKE-BAK).

Subject to article 6 below, purchases are non-refundable and paid in advance.

No refunds are offered on services or products for any reason (e.g. change of mind, injury, illness, relocation or other personal reasons).

Fees may increase upon 30 days’ notice. For memberships or subscriptions, fee increases only apply as from their automatic renewal.

For activities which include food, vegetarian meals will be served, unless it is stated otherwise. Please note that we cannot cater for any other diet or allergies except of lactose and gluten free meals. Should you follow another diet or have any other allergy or intolerance, please bring your own food. In such cases, no partial refund can be granted. 

To register online for an activity organised by EWA LITKE-BAK, the Customer completes the registration form on the relevant page on the website. The Customer is then referred to an external payment site Stripe Express where the Customer must fill in further details for the processing and payment of the order.

The payment can also be made by bank transfer to account number BE93 7340 7178 5867. In this case, the Customer must contact EWA LITKE-BAK before making the payment.

In case the Customer’s employer finances the course, product or service, then the Customer should contact EWA LITKE-BAK and provide all contact details of the employer and (if applicable) the VAT number in order to receive an invoice. Should the Customer or his /her employer be exempt of VAT this should also be communicated beforehand, so that an invoice without VAT can be issued.

Article 4: Prices

All prices mentioned on the website are expressed in EURO or PLN and include VAT if applicable (unless explicitly stated otherwise) and all other taxes or duties that the Customer is obliged to pay.

If delivery costs, reservation costs or administrative costs are charged, this will be stated separately. Invoices that have not been contested by registered letter within eight (8) calendar days after they were issued and sent, shall be deemed to be accepted.

If the Customer forgets to use a discount code during the registration and payment process, the difference cannot be refunded.

Article 5: Promotional (online) material, location

Photos in any promotional or other material online and offline are intended for the purpose of illustration only; such photos may contain elements that are not included such as location and persons which can be different from the promotional or other material.

Insofar as the objective of the training is not compromised, nothing in the online promotion or promotional materials shall constitute a determining factor for the conclusion of the contract: the content of materials can be changed by EWA LITKE-BAK without notice.

The location may differ from the location shown in the promotional materials. The studio opens 15 minutes before sessions and closes 15 minutes after sessions. EWA LITKE-BAK reserves the right to refuse entry in case of late entry or other disturbing behaviour.

EWA LITKE-BAK is not responsible for any loss, damage of theft of personal property of Customer.

Article 6: Withdrawals cancellations and refunds

Customers have the right to withdraw from an activity, service or product ordered online within 14 days after they made their order through the online registration and payment process. 

Once the initial 14 days have passed or if the activity (delivery of any product or service) has already started, the Customer shall be irrevocably enrolled in the program activity and no refund will be given except in special circumstances as stated below. In case of any activity with accommodation and/or catering, for which costs have already been made by EWA LITKE-BAK, these will be charged.

Once enrolled, no-shows or undue cancellations are not entitled to any refund or reimbursement.

• Special cancellation rule for courses on mindfulness (Package of 8 sessions (8 weeks)/ workshops and retreats:

It is possible for Customer to reschedule his/her participation to a similar activity taking place at an alternative time and/or place, until 30 days before the start of the activity which the Customer initially ordered. Such rescheduling is subject to availability and in agreement with EWA LITKE-BAK. In case of any accepted rescheduling or assignment, an additional administration fee of 75€ will be charged. 

It is possible for someone else to participate and take the place of the Customer, upon approval by EWA LITKE-BAK. In case of such replacement (assignment of the contract), the Customer should contact EWA LITKE-BAK with the contact details of the person replacing the Customer, at least 24 hours prior to the activity.

For online courses and classes, no refunds will be granted in case of technical (login or other) problems from the side of the participant. Participants are requested to make sure their video and audio settings are functioning well before logging in.

In case of any cancellation by EWA LITKE-BAK, free rescheduling to a similar activity at a future date or a full refund will be granted.

• Special cancellation rule for yoga courses (drop in and passes):

Payment for all classes must be received prior to the scheduled class date to ensure your spot can be booked. Classes must be booked in advance. Classes are available for online booking from 7 days prior to class. A notification is sent by email once confirmed.

Cancellations must be made via the online booking system or mobile app at least 4 hours before a class. Cancellations will not be accepted via phone or email.

EWA LITKE-BAK reserves the right to cancel a class if a minimum of three participants are not registered one hour prior to the scheduled start time.

Article 7: Conditions for participation and disclaimer

In order to register for an activity organised by EWA LITKE-BAK, it is important that the Customer is in good mental and physical health. The Customer is invited to fill out details about his/her mental and/or physical health that may be counter-indications of participation in the registration form of the relevant activity. EWA LITKE-BAK reserves the right to refuse the participation of the Customer based on this information. By agreeing with these terms and conditions, the Customer acknowledges that the activities organised by EWA LITKE-BAK are not intended as a substitute for any medical or psychological treatment by a medical doctor or psychotherapist. If the Customer is currently suffering, or has suffered in the past from any physical or psychological condition (e.g. depression, psychosis, …), it is the Customer’s responsibility to decide, together with a medical doctor or with a qualified psychotherapist, whether he/she is apt to participate. EWA LITKE-BAK declines any responsibility regarding the assessment of the physical and psychological condition of the Customer.

The participants must follow the rules outlined at the beginning of the course. In case of non-compliance the teacher has the right to exclude a participant from a course or event.

The participants must disclose to EWA LITKE-BAK all information regarding their health (and the health of their baby/ies) relevant to the practice of yoga, massage and/or other activities offered by Ewa Litke-Bak, and declare taking full responsibility over their health and that of their baby/ies) in the yoga and/or massage (in-person or online) and for all applications of yoga and/or massage and that any uses to which the recommendations, ideas and techniques are suggested are at their sole discretion and risk, and that any medical changes must be brought to the attention of their doctor.

Article 8: LIABILITY

EWA LITKE-BAK makes every effort to provide its services according to the rules of art and the highest level of professionalism and provide a safe environment for its participants (obligation of means).

EWA LITKE-BAK IS ONLY LIABLE TO THE PARTICIPANT OR CUSTOMER FOR WILFUL MISCONDUCT OR GROSS NEGLIGENCE ON ITS PART OR ON THE PART OF ITS EMPLOYEES. IN CASE OF ANY LIABILITY, CONSEQUENTIAL DAMAGES ARE EXCLUDED. ANY LIABILITY IS ALWAYS LIMITED TO THE LESSER OF THE INSURED AMOUNT AS SPECIFIED IN EWA LITKE-BAK’S LIABILITY INSURANCE OR THE PRICE PAID BY CUSTOMER. LIABILITY CLAIMS AGAINST EWA LITKE-BAK ARE SUBJECT TO A LIMITATION PERIOD OF SIX MONTHS FROM THE DATE ON WHICH THE RIGHT TO DAMAGES AROSE, NOTWITHSTANDING SHORTER LEGAL LIMITATION PERIODS.

The above disclaimer does not affect any statutory rights of the Customer.

EWA LITKE-BAK cannot be held liable for any material immaterial or corporal damage caused by a third party. Customers are expected to take their own responsibility and follow all legal and practical requirements to protect their own and others’ health during their participation in activity. Customers are requested to stay at home if they feel ill, so that others cannot be infected. In the event of any illness or injury occurring during or after any of its events, EWA LITKE-BAK cannot be held liable. Customers/participants are advised to take out “individual accident” type insurance with their own insurer.

Article 9: Penalties for non-payment

Unless specified otherwise in the order form or confirmation, payment of the price is due upon receipt of invoice and must be paid in full within 14 days.

Without prejudice to the exercise of other rights available to EWA LITKE-BAK, in the event of non-payment or late payment, the Client will be liable, immediately and without notice, to pay to EWA LITKE-BAK interest on the unpaid amount at the rate of 10% per annum. In addition, the Customer shall be liable automatically and without notice to pay a fixed indemnity of 10% of the due amount, with a minimum of 25 euros per invoice.

Article 8: Intellectual property – Privacy and use of cookies

All training documents are intended for the exclusive personal use of the Customer/participant.

Intellectual property rights in respect of any documents and output which EWA LITKE-BAK generates in connection with its work, belongs to EWA LITKE-BAK, although the Customer is entitled to use the results for the purposes for which they were produced. Unless otherwise expressly agreed, no document or other work product may be generally circulated or used for marketing purposes.

EWA LITKE-BAK refers to the detailed privacy policy on its website www.ewalitke.com for information on privacy and the use of cookies: 

Article 9: Termination – Force Majeure – assignment

EWA LITKE-BAK is entitled to terminate this contract if circumstances beyond its control render the service impossible to be conducted in proper or economically feasible circumstances.

EWA LITKE-BAK is also entitled to terminate the contract due to illness of teachers, pandemic technical or other reasons beyond Ewa Litke-Bak’s control.

EWA LITKE-BAK is entitled to enter into agreements with subcontractors (e.g. other teachers) for delivery of the services to the Customer without the latter’s consent.

Article 10: Invalidity – Non-elimination

If any provision of these Terms is held to be invalid, illegal or void, the validity, legality and applicability of the other provisions shall not be affected in any way.

EWA LITKE-BAK’s failure at any time to enforce any of the rights listed in these Terms, or to exercise any right hereunder, shall never be construed as a waiver of such provision and shall never affect the validity of such rights.

Article 11: Evidence

The Customer accepts that electronic communications and backups may serve as evidence.

Article 12: Applicable law – Disputes

The contract and any dispute arising between parties shall be governed solely by Belgian domestic law.

In accordance with the Brussels I Regulation (Regulation 44/2001), this choice of law provision shall also apply to any Customers who are domiciled in the E.U. (as well as those Customers who are domiciled outside the E.U. to the extent allowed by law).

All disputes between the parties shall be settled before the Belgian courts, judicial district of Brussels, French-speaking section. EWA LITKE-BAK reserves the right to commence proceedings before the courts of the Customer’s domicile.