1. Definitions1.1. “Booking” means Birth & Yoga’s booking or purchase process which is subject to acceptance of these Terms.
1.2. “Client” means the person who makes a Booking individual that receives tickets as part of the Booking.
1.3. “Event” means the yoga classes, workshops, courses, retreats or events which are the subject of the Quotation and Booking.
1.4. “Breathe Birth and Yoga Therapy” means Birth & Yoga (Singapore Company Registration Number 53407096E)
1.5. “Quotation” means the prices for various products and services quoted and listed by Breathe Birth and Yoga Therapy online or offline or sent via email to the Client which is the subject of the Booking.
1.6. “Services” means the retreats and yoga services, birth and doula support services to be performed by Breathe Birth and Yoga Therapy pursuant to the Booking in accordance with these Terms.
1.7. “Terms” means these booking terms and conditions.
2. Booking and Payment Terms2.1. For all bookings of Event(s) and purchases of any class packages or passes, full payment of the total amount shall be due immediately unless stated otherwise. By booking an Event or purchasing any packages or classes with Breathe Birth and Yoga Therapy, 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 Breathe Birth and Yoga Therapy 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, Breathe Birth and Yoga Therapy shall send the Client an invoice for payment received for total amount received.
2.3. The Client is advised to provide all details requested by Breathe Birth and Yoga Therapy upon confirmation of booking. Failure to provide certain necessary 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 Breathe Birth and Yoga Therapy, 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 Breathe Birth and Yoga Therapy, 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 Breathe Birth and Yoga Therapy.
2.6. Any variation or amendment to these payment terms will be set out by Breathe Birth and Yoga Therapy in writing (email shall be sufficient) on the Booking.
2.7. Subject to 2.6 above, no variation to the Terms shall be binding unless agreed in writing (email shall be sufficient) by an authorised representative of Breathe Birth and Yoga Therapy.
2.8. Any typographical, clerical or other error or omission in any Quotation, correspondence or other Booking documents or information issued by Breathe Birth and Yoga Therapy shall be subject to correction without any liability whatsoever on the part of Breathe Birth and Yoga Therapy.
2.9. 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. Breathe Birth and Yoga Therapy is not liable if the Client is refused entry for passport, visa or other travel documentation issues.
2.10. Breathe Birth and Yoga Therapy may at discretion, dissuade, stop or disallow any Clients from attending any Event based on any declared health or medical conditions. Refunds will be evaluated and decided by Breathe Birth and Yoga Therapy on a case-by-case basis.
2.11. Travel insurance is highly recommended for all Clients attending Event(s), especially outside of Singapore. Breathe Birth and Yoga Therapy 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. Whilst every reasonable effort will be made to ensure that the Services are provided in accordance with the Booking, Breathe Birth and Yoga Therapy 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 Breathe Birth and Yoga Therapy materially affect the quality of the Services. If Breathe Birth and Yoga Therapy has to make any material changes relating to the Booking it shall notify the Client forthwith. Breathe Birth and Yoga Therapy 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. Please note that no refunds will be issued in such instances.
3.2. Cancellation of a Booking may not be accepted by Breathe Birth and Yoga Therapy 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, Breathe Birth and Yoga Therapy may apply and the Client shall be liable to pay to Breathe Birth and Yoga Therapy the following cancellation charges unless stated otherwise:
- Where Breathe Birth and Yoga Therapy 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 45 to 60 days before the Event, the Client shall be liable for 75% of the total price of the Booking; and
- less than 45 days prior to the Event, the Client shall be liable for 100% of the total price of the Booking.
- Where Breathe Birth and Yoga Therapy 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 Breathe Birth and Yoga Therapy, the Client shall receive a refund of the difference.
3.3. Special payment terms may apply especially for overseas travel if otherwise stated at the time of purchase by Breathe Birth and Yoga Therapy in writing in communications with the Client.
3.4. Breathe Birth and Yoga Therapy 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, Breathe Birth and Yoga Therapy 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.
3.5. If for any reason beyond the reasonable control of Breathe Birth and Yoga Therapy (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, Breathe Birth and Yoga Therapy 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. Breathe Birth and Yoga Therapy 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. Breathe Birth and Yoga Therapy shall have no further liability to the Client arising from Breathe Birth and Yoga Therapy failure to perform the Services in any such circumstances.
4. Limitation 4.1. Breathe Birth and Yoga Therapy 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 Breathe Birth and Yoga Therapy had been advised of the possibility of the Client incurring the same).
4.2. Further, Breathe Birth and Yoga Therapy shall have no liability for any death or bodily injury, or loss of or damage to property, of anyone attending the Event pursuant to the Booking, whether arising from such attendance, or in relation to the provision or use of the facilities at the Event.
The Client agrees to indemnify Breathe Birth and Yoga Therapy against any claim in respect of any such liability (and the costs and expenses incurred by Breathe Birth and Yoga Therapy in relation thereto).
4.3. Breathe Birth and Yoga Therapy makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
4.4. To the fullest extent permitted by law, the total liability of Breathe Birth and Yoga Therapy to the Client in contract, tort, or otherwise, including negligence, 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.
5. General5.1. 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 Breathe Birth and Yoga Therapy against all claims, costs, damages and judgements awarded against or incurred or paid by Breathe Birth and Yoga Therapy 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.
5.4. All tickets sold to Clients shall remain the property of Breathe Birth and Yoga Therapy at all times.
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.
5.6. No binding contract shall be formed until Breathe Birth and Yoga Therapy 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 Breathe Birth and Yoga Therapy.
5.7. No waiver by Breathe Birth and Yoga Therapy 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 Breathe Birth and Yoga Therapy.
5.10.The Client shall not sell the benefit of any Booking on the wholesale or trade market without prior written consent from Breathe Birth and Yoga Therapy. No Client may transfer the benefit of the Booking for use as a competition prize or other promotional use.
5.11. 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.
5.12. 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 Breathe Birth and Yoga Therapy from and against all and any claims arising from the Client’s breach of the same.
5.13. Breathe Birth and Yoga Therapy and affiliates are not responsible for any loss of valuables from the start to the end of your retreat. Clients must take good care of their valuables such as money, laptops, mobile phones, etc.