Terms and Conditions

Article 1 Definitions

Just Be In Tuscany is a sole proprietorship whose purpose is to provide retreats in the broadest sense.
In these General Terms and Conditions, “Participant” means the natural person not acting in the exercise of a profession or business or the natural person or legal entity who does act in the exercise of a profession or business and uses Just Be In Tuscany’s Services and instructs Just Be In Tuscany to provide Services.
In these General Terms and Conditions, “Agreement” means the Agreement entered into between Just Be In Tuscany and Participant, whereby Just Be In Tuscany undertakes to provide Services to Participant and Participant undertakes to pay a price for them. The Agreement is established by an offer of Just Be In Tuscany and its acceptance by Participant, which is further specified in Article 3.4 of these General Terms and Conditions.
In these General Conditions, “Services” means all products and services provided by Just Be In Tuscany and/or third parties engaged by it to Participant, including the provision of retreats, as well as all other work performed by Just Be In Tuscany on behalf of Participant.
In these Terms and Conditions, “Website” means the Website www.justbeintuscany.com.

Article 2 Applicability of the General Terms and Conditions

The General Terms and Conditions shall apply to any offer by Just Be In Tuscany and to all present and future Agreements, deliveries, commercial relationships and other legal relations between the Parties. The General Terms and Conditions of Participant are expressly rejected.
Deviations from the General Terms and Conditions are valid only if expressly agreed upon in writing with Just Be In Tuscany.
The General Conditions also apply to additional or modified assignments from Participant.
If any provision or provisions of these General Terms and Conditions are found to be void, the validity of the remaining provisions of these General Terms and Conditions and also the entire Agreement shall not be affected. In such a case, the parties will make every effort to replace the invalid provision with a new, valid provision that is as close as possible to the invalid provision within the scope of the original General Terms and Conditions

Article 3 The Agreement

Registration for retreats is preferably through the Website. Participant can also contact us by phone, social media or email for more information and to sign up for retreats.
The Participant may apply through the Website for an international retreat. Once the person in question has fully and successfully completed the (online) payment process, he will receive a confirmation email. At this time, the Agreement comes into effect, subject to the provisions of Article 4.
The Participant can also register for the One-Day Retreat online, as well as by phone, email or social media. The Agreement with respect to the One-Day Retreats is established at the time the Participant has fully and successfully completed the prior payment procedure, subject to the provisions of Article 4.
If Just Be In Tuscany sends a confirmation to Participant, it is decisive for the content and interpretation of the Agreement, subject to obvious clerical errors. Just Be In Tuscany cannot be held to its offer if Participant can reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.
If Participant makes notes or comments on Just Be In Tuscany’s confirmation email they will not be part of the Agreement unless Just Be In Tuscany confirms them in writing.

Article 4 Participation in retreat

Once the potential Participant has submitted an application to the retreat through the Website, this does not guarantee actual participation. Indeed, Just Be In Tuscany values a good group dynamic. Just Be In Tuscany may ask a potential participant to complete a questionnaire and/or a telephone interview before participation can be confirmed.
If, in Just Be In Tuscany’s judgment, a potential Participant does not fit within the group dynamic, participation may be refused. In case of refusal, the Agreement as described in Clauses 3.2 and 3.3 shall be retroactively dissolved by operation of law.
In the above case, the potential Participant will receive a refund of the total amount paid as soon as possible.

Article 5 Execution of the Agreement

Just Be In Tuscany shall endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, and also as much as possible in accordance with the written agreements.
Just Be In Tuscany, in providing the Services, has only an obligation of effort and not an obligation of result. An obligation of effort is a contractual obligation to make the necessary efforts or use certain means to achieve the stipulated result, which means that Just Be In Tuscany cannot guarantee that the outcomes, results or expectations envisioned by Participant in the provision of Services will actually be achieved.
In case of force majeure or serious reasons, Just Be In Tuscany reserves the right to offer a similar alternative to the location Just Be In Tuscany has advertised on the Website or social media.
If and insofar as a proper execution of Agreement requires it, Just Be In Tuscany is entitled to have certain work performed by (a) third party (parties), under conditions agreed upon in Agreement. When engaging third parties, Just Be In Tuscany will exercise due diligence.
The Participant shall ensure that all data, which Just Be In Tuscany indicates are necessary or which the Participant should reasonably understand are necessary for the performance of the Agreement, are provided to Just Be In Tuscany in a timely manner. If the information required for the execution of the Agreement has not been provided to Just Be In Tuscany in a timely manner, Just Be In Tuscany shall be entitled to suspend the execution of the Agreement and/or to charge the Participant for the additional costs resulting from the delay according to the then usual rates.
The Participant shall ensure that Just Be In Tuscany can perform its Services in a timely and proper manner. If Participant does not comply with his agreements in this regard, he is obliged to compensate the resulting damage.
If a deadline is agreed or specified for the performance of Services, this is never a deadline. If a deadline is exceeded, the Participant must give Just Be In Tuscany written notice thereof. Just Be In Tuscany has to be given a reasonable time to fulfill the Agreement.

Article 6 Modification of the Agreement

If, for proper performance of Agreement, it appears necessary to modify or supplement it, Just Be In Tuscany shall promptly notify Participant in writing.
If the Agreement is amended, including an addition, there is an additional assignment. This additional assignment will be the subject of a separate fee agreement in advance where the additional Services will be paid for at the agreed upon rate.
Failure to perform or not immediately perform the amended Agreement shall not constitute a default by Just Be In Tuscany and shall not be grounds for the Participant to terminate or rescind the Agreement.
Changes to the Agreement originally concluded between Just Be In Tuscany and Participant shall be valid only from the moment these changes have been accepted by both Parties through an additional or amended Agreement. This change shall be made in writing (via email or Whatsapp).

Article 7 Suspension, dissolution and early termination of the Agreement

Just Be In Tuscany is authorized to suspend the fulfillment of the obligations or to terminate the Agreement, if the Participant does not fulfill the obligations under the Agreement, in full or in a timely manner. Just Be In Tuscany must have previously served Participant with a written notice of default.
In addition, Just Be In Tuscany is authorized to rescind the Agreement, under the same conditions as referred to in paragraph 1 of this Article, if circumstances arise of such a nature that fulfillment of the Agreement is impossible or cannot reasonably be required.
If Participant fails to fulfill his obligations arising from the Agreement, such failure justifies dissolution and Participant is in default, then Just Be In Tuscany is entitled to dissolve the Agreement immediately and with immediate effect by means of a written statement towards Participant, whereby Participant, on account of default, is obliged to pay damages or compensation.

Article 8 Right of withdrawal and return of Products.

Participant has no right to cancel the remotely concluded Agreement within 14 (fourteen) days at no cost and without giving any reason (Right of Withdrawal).
Indeed, pursuant to Article 6:230p sub e of the Civil Code, the Participant has no right of rescission in the case of Services related to leisure activities, if the Agreement provides for a specific time or period of performance. This exception applies to Just Be In Tuscany.
Indeed, the Services Just Be In Tuscany offered are explicitly characterized as Agreements related to leisure activities. The Agreement includes a specific date or period when the Services will be performed, namely, the date of occurrence of the retreat.
The Participant’s purchase of the reserved Services are considered a ticket that allows the Participant to access the Services. On the Website, the Services offered are also described in detail, allowing the Participant to have all the information about the Services and therefore to make an informed choice based on the information provided.

Article 9a Cancellation by Participant international retreat

If Participant, for whatever reason, is no longer able to participate in the retreat and wishes to cancel, the following rules apply regarding refund of participation fees due:
a. Up to two months before the start of the retreat, Participant will receive 50% of the total participation fee;
b. No participation fees will be refunded within two months prior to the start of the retreat.
Participant has until two weeks prior to the start of the retreat to arrange for a substitute Participant. Without prior written approval for this substitute Participant by Just Be In Tuscany, the substitution will not take place. If Just Be In Tuscany agrees in writing to the proposed substitution, there will be no refund of participation fees. Any such offset or refund shall be between the original Participant and alternate Participant.

Article 9b Cancellation by Participant One-Day-Retraite

If Participant, for any reason, can no longer participate in the One-Day Retreat and wishes to cancel, there will be no refund of the participation fee.
However, Participant does have the right to arrange for a substitute Participant up to 24 (say: twenty-four) hours before the start of the One-Day Retreat. Without prior written approval for this substitute Participant by Just Be In Tuscany, the substitution will not take place.

Article 10 Cancellation by Just Be In Tuscany

Cancellation of the retreat by Just Be In Tuscany will be made if there are justifiable reasons. Good cause includes, but is not limited to: insufficient retreat participants and illness of instructors.
Just Be In Tuscany shall promptly notify Participant(s) in the event of cancellation of the retreat.
In case of cancellation, as described in Article 10.1, Participant is entitled to a refund of the amount already paid. Participant cannot claim any form of compensation and/or damages.

Article 11 Costs, fees and payment

All amounts communicated to Participant and amounts on the Website are in euros and include VAT unless otherwise stated.
Just Be In Tuscany has the right to correct manifestly erroneous errors in the quotation.
Participant charges, with respect to international retreats, in principle, the full amount (100%) of the retreat immediately upon registration, unless a different payment schedule is agreed upon in writing.
If there is a One-Day-Retrait, half (50%) payment is made in advance online via the Website, Instagram or Whatsapp. The remainder (50%) must be paid by Participant in cash on the day, unless a different payment schedule has been agreed upon between Just Be In Tuscany and Participant.
The Participant has the duty to notify Just Be In Tuscany immediately of any inaccuracies in the payment information listed or provided.
If Participant defaults in the timely payment of an invoice, Participant shall be in default by operation of law, without further notice of default being required. Participant shall then owe statutory interest. Interest on the due and payable amount will be calculated from the time Participant is in default until payment of the full amount due.
If Just Be In Tuscany decides to collect a claim for non-payment of one or more unpaid invoices through judicial means, in addition to the principal sum due and the interest mentioned in Article 11.7, Participant shall also be obliged to reimburse all judicial and extrajudicial costs reasonably incurred. The compensation for judicial and extrajudicial costs incurred shall be determined in accordance with the then current Decree governing compensation for extrajudicial collection costs.

Article 12 Warranties

Except as expressly provided in Agreement and/or in these general terms and conditions, Just Be In Tuscany offers no other warranties, commitments or conditions with respect to the Services.
The provisions of these General Conditions regarding warranty do not affect Participant’s warranty claims under the law.

Article 13 Liability

The Participant is responsible for providing accurate and representative data and information necessary for the performance of the Agreement. Happy Life Retreat is not liable for damages, including on the basis of a wrong order, if Participant has provided incorrect, unrepresentative or irrelevant data.
Just Be In Tuscany is not liable for errors or omissions of third parties it engages. By using Just Be In Tuscany’s Services, the Participant authorizes Just Be In Tuscany, if a third party engaged by Just Be In Tuscany wishes to limit its liability, to accept that limitation of liability also on behalf of the Participant.
Just Be In Tuscany is not liable for injury resulting from participation in retreat activities. Nor is Just Be In Tuscany liable for the loss or damage to Participant’s property.
Just Be In Tuscany highly recommends purchasing proper travel insurance.
Participant must be adequately insured against the risk of damage he or a
next of kin should suffer as a result of his death, injury or illness caused by
His participation in the retreat. The retreat is attended at your own risk.
Participant indemnifies Just Be In Tuscany for all damages that third parties may suffer as
result of an act or omission attributable to the Participant with respect to participation in the retreat. The Participant must be adequately insured against the risk
of liability for said damages.
Just Be In Tuscany shall not be liable for indirect damages, including but not limited to trading losses, stagnation damages, missed savings, reduced goodwill and lost profits.
Just Be In Tuscany is not liable for any discrepancies on the Website.
Just Be In Tuscany is not liable for not fulfilling or not fulfilling on time the obligations, resulting from the Agreement, in case this is caused by force majeure as referred to in Article 14 of these General Terms and Conditions.
If Just Be In Tuscany is held liable, it shall only be liable for direct damages actually incurred, paid or suffered by the Participant due to a demonstrable failure of Just Be In Tuscany’s obligations with respect to its Services.
Just Be In Tuscany’s liability is limited to the amount covered and paid by its insurer. If the insurer does not pay, or if Just Be In Tuscany is not insured, liability is limited to the amount paid by Participant.
The limitation of liability as described in this article does not apply in case of intentional or deliberate recklessness on the part of Just Be In Tuscany.
This provision does not exclude liability to the extent liability may not be limited or excluded by law.

Article 14 Force Majeure

Force majeure is defined as all external causes, beyond the will or control of Just Be In Tuscany, as a result of which timely, complete or proper performance of the Agreement is no longer possible.
Force majeure as referred to in the preceding paragraph of this Article shall include, but is not limited to: non-performance by a third party, illness of Just Be In Tuscany’s own or a third party’s personnel, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious failures in Just Be In Tuscany’s systems, fire, floods, natural disasters, pandemics, riots, war or other domestic disturbances.
In the event of force majeure, performance of the Agreement will be suspended for as long as the force majeure persists.
If the force majeure continues for more than 3 months, both parties are entitled to dissolve the Agreement, without court intervention. In such a case, Just Be In Tuscany shall proceed to refund any amounts paid, deducting therefrom all expenses incurred by Just Be In Tuscany in connection with the Agreement.

Article 15 Government provisions

If Just Be In Tuscany has to cancel the foreign retreat for reasons related to restrictions imposed by the Italian or Dutch government, the Participant will receive a voucher worth the total amount paid and an alternative date will be offered. The voucher can be used to participate in this alternative foreign retreat at a later date.

Article 16 Confidentiality of data

Each party warrants that all information received from the other party that is known or should be known to be of a confidential nature shall remain secret. The party that
receives confidential data will use it only for the purpose for which it was provided. Data shall in any case be considered confidential if it is designated as such by either party. Just Be In Tuscany cannot be held to this if the disclosure of data to a third party is necessary by a court order, a legal regulation or for correct execution of the agreement.

Article 17 Rights and duties during the Retreat

Participation in the program during the retreat is voluntary. Failure to participate does not entitle you to a refund of any portion of the fee.
Participation in the activities offered is entirely at your own risk. These activities do not serve as a substitute for medical treatment or therapy but are only for leisure and personal development.
Participant is responsible for reporting any physical complaints to the appropriate instructor.
Drugs and excessive alcohol consumption are not permitted throughout the retreat. Bitches, smoking is not permitted within the venues offered by Just Be In Tuscany.
Just Be In Tuscany is respectful to all participants and expects the same from participants among themselves.
Participants should treat the environment and locations with care. Any damages will be recovered from the perpetrator.
The making and/or publishing of video or sound recordings during the retreat is allowed only with prior permission from Just Be In Tuscany.
Failure to follow the rules described in this provision may result in Participant’s removal from the retreat. Participant is not entitled to a refund of payment in that case.

Article 18 Complaints procedure

If Participant has a complaint, Participant must send it to info@justbeintuscany.com in writing and with sufficient justification. If reasonably possible, the complaint will be addressed 5 (say: five) business days after Just Be In Tuscany receives the complaint, after which Participant will receive a substantive response as soon as possible.
Participant also has the option of submitting a complaint to the Dispute Resolution Board through the European ODR Platform, found on the website http://ec.europa.eu/consumers/odr/.

Article 19 Identity of Just Be In Tuscany

Just Be In Tuscany can be reached by email at info@justbeintuscany.com, using the Website www.justbeintuscany.com.

Article 20 Modification clause

Just Be In Tuscany reserves the right to modify or supplement these Terms and Conditions at any time. Just Be In Tuscany will notify Participant in a timely manner.
The amended General Terms and Conditions shall apply to the Agreement one month after notice to Participant.
The Consumer shall have the option to rescind the Agreement until no later than the day of entry into force of the amended General Terms and Conditions if the amendments result in Just Be In Tuscany being able to provide Services or Products that are substantially different from what the Parties agreed upon when the Agreement was concluded.

Article 21 Applicable law and competent court

The legal relationship between Just Be In Tuscany and its Participant is governed by Dutch law.
All disputes that may arise between Just Be In Tuscany and Consumers shall be submitted to the competent court in the district where Participant is domiciled.
All disputes that may arise between Just Be In Tuscany and Business Customers shall be submitted to the Court of Rotterdam.