Terms & Conditions

Terms and Conditions

Article 1. Definitions In these general terms and conditions, the following definitions apply:

• Service Provider: The Art of Flow, which uses these terms and conditions for offering its services;

• Client: The counterparty of the Service Provider, being individuals and/or organizations purchasing a service from The Art of Flow;

• Agreement: A contract between the Client and The Art of Flow concerning agreed-upon services such as individual guidance, retreats, publications, advice, coaching, training, workshops, lectures, or other services.

Article 2. Applicability of These Terms

• These terms apply to every offer and every agreement between The Art of Flow and the Client to which The Art of Flow has declared these terms applicable, unless parties have expressly and in writing deviated from these terms.

• These terms also apply to all agreements with The Art of Flow for the execution of which third parties need to be engaged.

• The Client’s unlawfully burdensome general terms and conditions are explicitly not acknowledged and are rejected.

Article 3. Offers and Prices

• Offers and prices made by The Art of Flow are non-binding. The Art of Flow reserves the right to change offers and prices if deemed necessary.

• The prices in the offers are exclusive of VAT. Some services are VAT-exempt, which will be indicated in the offer.

• Offers are based on the information available to The Art of Flow.

Article 4. Execution of the Agreement

• The Art of Flow will execute the agreement to the best of its knowledge and abilities, and in accordance with the requirements of good craftsmanship.

• If and insofar as required for proper execution of the agreement, The Art of Flow has the right to subcontract certain tasks to third parties.

• The Art of Flow is not liable for any damage, of whatever nature, caused by relying on incorrect and/or incomplete information provided by the Client, unless The Art of Flow should have been aware of this inaccuracy or incompleteness.

Article 5. Contract Duration; Execution Term

• The agreement between The Art of Flow and the Client is entered into for an indefinite period unless parties expressly and in writing agree otherwise.

• If any modification or addition to the agreement has financial consequences, The Art of Flow will inform the Client beforehand.

Article 6. Confidentiality

• All parties are obliged to maintain confidentiality regarding all confidential information obtained from each other or other sources in the context of their agreements. Information is considered confidential if communicated as such by either party, if it follows from the nature of the information, or if it is reasonably assumed to be confidential by the participants.

Article 7. Termination & Cancellation

• Both parties may terminate the agreement at any time, either orally or in writing.

• If costs arise due to the Client's termination, and The Art of Flow is unable to fulfill its obligations to participants or involved parties as a result, these costs will be charged to the Client.

• In case of cancellation of a (multi-day) event, the following terms apply:

  • Cancellation within 0-4 weeks prior: No refund will be given unless a replacement can be found.

  • Cancellation within 4-8 weeks prior: 50% of the investment will be refunded.

  • Cancellation within 8-12 weeks prior: 75% of the investment will be refunded.

  • Cancellation within 12-16 weeks prior: 100% of the investment will be refunded.

• Individual appointments must be canceled at least 24 hours prior to the scheduled time. Failure to cancel in time will result in The Art of Flow charging for the reserved time.

Article 8. Defects, Complaint Period

• Complaints regarding performed services must be reported in writing to The Art of Flow within 8 days after discovery, but no later than 14 days after the completion of the relevant work.

• If a complaint is justified, The Art of Flow will still perform the agreed-upon work unless it has become demonstrably pointless for The Art of Flow or the participant.

• If it is no longer possible or useful to perform the agreed service, The Art of Flow’s liability is limited according to Article 13.

Article 9. Fees

• Parties can agree on a fixed fee or an hourly rate for the duration of a project depending on the nature of the assignment.

• Any cost estimates are exclusive of VAT.

• Even if The Art of Flow agrees on a fixed fee or hourly rate with the Client, The Art of Flow is entitled to increase this fee or rate. Price increases may be passed on if The Art of Flow can demonstrate significant changes in wages and/or comparable market rates between the offer and delivery.

Article 10. Payment

• Payment is due only after invoicing by The Art of Flow or after placing an order in the webshop. The Client must pay the costs within 14 days of the invoice date.

• These payment terms apply to all agreements, whether oral or written.

• If the Client does not pay the owed amount within 14 days of the invoice date, a payment reminder will be sent. If payment is still not made within 14 days after the reminder, The Art of Flow is entitled to initiate collection measures or have these executed by third parties. All costs associated with this claim are borne by the Client.

• In the case of payment arrears, The Art of Flow is entitled to suspend further services until the Client fulfills the payment obligation.

• Appointments must be canceled no later than 24 hours before the scheduled time. Failure to do so will result in The Art of Flow charging for the reserved time.

Article 11. Liability

• If The Art of Flow is liable, such liability is limited as follows:

  • The liability of The Art of Flow is limited to the invoice value of the assignment, or at least that part of the agreement to which the liability relates.

  • The limitations of liability included in these terms do not apply if the damage is due to intent or gross negligence on the part of The Art of Flow.

  • The Art of Flow is never liable for consequential damages.

Article 12. Force Majeure

• In these terms and conditions, force majeure refers, in addition to what is understood by law and jurisprudence, to all external causes, whether foreseen or unforeseen, over which The Art of Flow has no control, but which prevent The Art of Flow from fulfilling its obligations.

• The Art of Flow also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after The Art of Flow should have fulfilled its obligation.

• During force majeure, The Art of Flow’s obligations are suspended. If the force majeure period exceeds 2 months, both parties are entitled to terminate the agreement without any obligation to pay damages.

• If The Art of Flow has partially fulfilled its obligations at the onset of force majeure or can only partially fulfill its obligations, it is entitled to invoice the executed or executable part separately, and the participant is obliged to pay this invoice as if it were a separate agreement.

Article 13. Dispute Resolution

• Parties agree to handle disputes in good faith and ensure that a mutually acceptable resolution is pursued within reasonable limits and timeframes.

• If no settlement is reached, the court in the place of business of The Art of Flow has exclusive jurisdiction unless a subdistrict court judge has jurisdiction. Nevertheless, The Art of Flow reserves the right to summon the counterparty before the competent court according to the law.