Article 1: Purpose and Scope of the General Terms and Conditions of Sale

Benesta, established as a single-member limited liability company (EURL) with a share capital of €1,000, registered with the Trade and Companies Register (RCS) of Aix-en-Provence under registration number 934 921 941, and whose registered office is located at 537 Carraire des Artauds, 13100 Le Tholonet, represented by its manager, Elise Rieux (hereinafter referred to as the “Organizer”).

These General Terms and Conditions of Sale (hereinafter referred to as “T&Cs”) constitute, in accordance with Article L.4416 of the French Commercial Code, the sole foundation of the commercial relationship between the Organizer and the users (hereinafter referred to as “Clients” or “Client”) who place an order for the services defined below through (i) the Instagram page @benesta.retreats or (ii) via the Organizer’s email address at contact@benestaretreats.com. The T&Cs apply to all services involving the organization of wellness retreats or events (hereinafter referred to as the “Service”) provided by the Organizer and, consequently, define the entirety of the contractual rights and obligations between the Organizer and the Client.

No document other than these T&Cs shall create any obligation between the parties unless expressly agreed upon in writing and signed by both parties. Registration for any of the services offered by the Organizer implies the Client’s unconditional acceptance of these T&Cs, which take precedence over any other document, subject to any specific written agreement concluded between the Organizer and the Client.

Article 2: The Offer of Services

The information provided on the website, through social media, and/or via direct messages with a descriptive document regarding the Services, pricing, payment conditions, and cancellation terms constitutes the offer (the “Offer”).

The Services offered by the Organizer are charged on a per participant basis and are indivisible. They include the organization and/or participation in a wellness retreat or event for a specific duration, either in France or abroad (hereinafter referred to as the “Event”).

The Organizer commits to transmitting and describing the services related to the Event with sincerity. Although the services are described as accurately as possible, these descriptions are provided for informational purposes only. Therefore, in the event of errors or omissions in the presentation and description of each Event offered and/or operated by the Organizer, the Organizer’s liability will not be engaged as a result.

Before a Client makes a reservation, the Organizer will provide the Client with the legally required standard information, as well as the following information, if applicable, through the event descriptions:

  • The main characteristics of the Event;
  • The destination, itinerary, and periods of the Event;
  • The main features related to the accommodation and the number of nights included;
  • The locations, dates, and times of departure and return; when the exact time has not yet been determined, the Organizer will inform the Client of the approximate departure and/or return time;
  • The meals provided, if applicable;
  • The excursions and/or activities planned during the event;
  • The total price for the Event and its terms, including any additional costs that the Client will be required to bear;
  • Whether the event and/or workshops are suitable for people with reduced mobility;
  • The minimum or maximum number of Clients per Event;
  • The payment and cancellation conditions and any cancellation fees;
  • Information about mandatory or optional insurance covering the costs of cancelling participation in the Event by the Client or for assistance costs, including repatriation in case of accident, illness, or death;
  • General information regarding the passport and visa conditions, including the approximate processing time for visas, as well as health requirements for the destination country.

The Organizer draws the potential Client’s attention to the necessity of verifying, before ordering the service, their ability to attend the Event by taking all necessary health precautions. As such, the Organizer’s liability cannot be engaged in case of an incident or accident suffered by the Client as a result.

Clients agree to participate in the classes, sports activities, and various workshops with full knowledge of the risks involved, especially:

  • The inherent risks of sporting and/or recreational activities;
  • The role of the Client’s physical condition and/or mastery of certain activities, and the potential impact that this could have on any risks incurred.

Clients are asked to exercise discretion regarding the movements, positions, and exercises suitable for their level of training, overall physical condition, and experience.

Article 3: Reservation – Deposit – Payment

3.1 Reservation

The Client can reserve the service through the Organizer’s website, an affiliated link, or by email at the following address: contact@benestaretreats.com.

The Organizer will make every effort to respond as quickly as possible to the reservation request or any additional questions from the Client. The Client is encouraged to provide a valid email address, where the Organizer can send the reservation confirmation and invoice(s), and to regularly check their inbox.

After having read and accepted the Terms and Conditions (CGV), the Client must validate their order, the total amount (including all taxes), and the payment method. By making the payment online or via bank transfer, the Client accepts the Organizer’s initial offer, including the price and the description of the Event.

The Client agrees to inform the Organizer in writing and prior to any reservation about any specific details that may affect the smooth running of the Event (e.g., mobility impairments with or without a wheelchair, specific dietary requirements, presence of a pet, etc.). Failing to do so, the Organizer cannot be held responsible for any difficulties encountered related to the Event, including non-participation due to such issues.

The Client can only place an order for the service after confirmation of the availability of the selected service by the Organizer. Reservations are reserved exclusively for legal entities and individuals who are of legal age and have the legal capacity to enter into contracts. Any reservation that does not meet these conditions may be canceled by the Organizer.

3.2 Deposit

After acceptance of the Terms and Conditions, the reservation will become final upon receipt of a deposit payment from the Client equivalent to 50% of the total invoice amount (including taxes) via bank transfer or online payment to the Organizer’s bank account (the “Deposit”). The Deposit will not be required if the reservation confirmation occurs less than 60 days before the Event’s start date.

The Deposit secures the reservation with the Organizer and will be retained by the Organizer in case of cancellation or non-attendance at the Event for any reason.

By paying the Deposit, the Client acknowledges having reviewed and accepted the Organizer’s Offer, including the price and the description of the Event’s schedule.

3.3 Payment of the Balance

The remaining balance, after deducting the Deposit, must be paid within 60 days before the Event’s start date by bank transfer to the Organizer.

If the reservation confirmation occurs less than 60 days before the Event’s start date, the full invoice amount (including taxes) will be due to secure the Client’s place for the Event.

The Organizer will then send the paid invoice to the Client. Cancellation by the Client will only be possible under the cancellation conditions outlined in Article 6 below.

Article 4: Price

The applicable rates are in Euros and are indicative, expressed inclusive of all taxes (20% VAT). Unless otherwise stated in the Event description, the displayed price does not include:

  • Transportation to the event location;
  • Tourist taxes, visa fees, or accommodation taxes;
  • Mandatory or optional insurance covering cancellation fees by the Client or the cost of assistance, including repatriation in case of accident, illness, or death;
  • Any individual consumptions outside the accommodation and/or not included as part of the Event activities (e.g., massages, extra services, etc.).

The price to be paid by the Client will be confirmed at the time of registration and will be invoiced after the payment is made, in accordance with the terms set out in Articles 3.2 and 3.3 of these Terms and Conditions.

Article 5: Cancellation – Modification by the Organizer

5.1 Cancellation

The Organizer reserves the right to cancel the Event at any time before the start date if the number of participants is below the minimum number indicated in the Event description. The Organizer agrees to inform the Client at least 10 calendar days before the scheduled date of the Event and offer a full refund or rescheduling of the Event, at no additional cost.
The Organizer may also cancel the Event in the case of illness, injury, or any other circumstance preventing a key service provider (namely: (i) the yoga or pilates instructors, and (ii) the venue where the Event takes place) from delivering the planned service. Additionally, in case of force majeure, as defined by Article 1218 of the Civil Code and specified in Article 12 below, the Organizer may also cancel the Event. In both of the above situations, the Organizer agrees to inform the Client as soon as possible and offer them, at their choice, either a full refund or rescheduling of the Event, with no additional fees owed.
If the Client chooses a full refund, the Organizer agrees to refund all amounts paid by the Client. However, costs incurred by the Client outside of the service (such as transportation, visa, vaccination fees, etc.) will not be subject to any further reimbursement or compensation by the Organizer.

5.2 Modification

In the event of a modification of any element of the Organizer’s Offer, only the destination, price, and dates are considered essential elements of the Offer by express agreement between the parties.
Therefore, any modifications made by the Organizer that do not affect these essential elements (e.g., a change in accommodation, instructors, or activities) but preserve the overall integrity of the Event experience will not justify any request for compensation or cancellation by the Client. Adjustments concerning service providers or operational details are considered non-substantial and are not subject to claims.

Article 6: Cancellation – Modification – Interruption by the Client

6.1 Cancellation

The Client may cancel their reservation at any time before the start of the Event. In such cases, the following conditions apply:

  • In case of cancellation more than 30 days before the event start date, 50% of the total amount paid (excluding the deposit) will be refunded.
  • In case of cancellation less than 30 days before the event start date, no refund will be provided, and the total amount paid will remain with the Organizer. In all cases, the deposit paid is non-refundable.

6.2 Modification

Any modification to the Event requested by the Client (e.g., change of room type) is subject to the prior approval of the Organizer and will only be granted depending on available options. If the Organizer is unable to accommodate the requested modification, the original booking will remain fully applicable.
In case of an accepted modification by the Organizer, any additional charges must be paid in advance by the Client before the modification can be processed.

6.3 Interruption

If the Event is interrupted, shortened, or not consumed by the Client for any reason, no refund will be provided, even in the case of repatriation, except in cases of force majeure as defined in Article 12 below, and unless the interruption is due to the fault of the Organizer or one of its service providers.

Article 7: Right of Withdrawal

In accordance with Article L. 121-20 of the French Consumer Code, the Client has the right of withdrawal. The withdrawal period expires 14 days after the payment of the deposit by the Client. To exercise the right of withdrawal, the Client must notify the service provider of their decision to withdraw, either by email at contact@benestaretreats.com or by registered letter with acknowledgment of receipt to the following address: Elise Rieux (Benesta Company), 537 Carraire des Artauds, 13100 Le Tholonet.
When the booking is made less than 14 days before the start of the event, the right of withdrawal will only apply during the period before the event begins.

Article 8: Responsibility and Insurance

The Organizer shall not be held responsible for any loss or theft of any kind affecting the Client during the event. The services provided by the Organizer are subject to an obligation of means and not a result. In accordance with common law, the Organizer’s liability can only be sought by the Client or their insurers for the harmful consequences of proven fault.
The Client agrees to use the spaces provided responsibly, in compliance with the applicable regulations, with caution and diligence, and to follow any safety instructions, where applicable. The Client also agrees to hold personal liability insurance covering the financial consequences of any material or immaterial damages they may cause to themselves or to third parties. The Organizer does not provide any insurance, including repatriation insurance. It is the Client’s responsibility to take out personal insurance covering the risks associated with their participation (cancellation, accidents, repatriation, etc.). The lack of such insurance cannot, in any case, hold the Organizer liable. Participants are therefore strongly encouraged to check their insurance coverage before confirming their registration.
The service providers (teachers, organizers, contractors) agree to be covered by insurance for the services they perform during the Event.

Article 9: Personal Data

As part of its commercial activities, the Organizer may need to process personal information concerning Clients. The Organizer informs the Client, who accepts, that all personal information provided (e.g., name, surname, age, size, address, nationality, etc.) necessary for the execution of the services will be processed electronically and is protected by the Data Protection Act (Law No. 78-17 of January 6, 1978) and the GDPR (Regulation No. 2016/679), which provide the Client with the right to access and rectify any incorrect information. The personal data is collected by the Organizer, who is the data controller.

Article 10: Image Rights and Use of Photos

The Organizer reserves the right to take photos and videos during events. These images may be used for communication and promotional purposes on our various platforms (website, social media, newsletters, etc.).
By participating in an event, the Client agrees that photos of them may be taken and used by the Organizer. If the Client does not wish to appear in any photos or videos, they must inform the Organizer in writing before the event begins. The Organizer agrees to respect the Client’s wishes and will not include any images of the Client in its communications.

Article 11: Modification of the General Terms and Conditions

The Organizer reserves the right to modify these general terms and conditions at any time. Clients will be informed of any modifications through an update on our website. It is the Client’s responsibility to regularly check these terms to stay informed of any changes.

Article 12: Force Majeure and Unforeseeable Events

The Organizer cannot be held responsible for damages caused by delays or failure to perform its obligations under these General Terms and Conditions in the event of force majeure, in accordance with Article 1218 of the Civil Code, or a fortuitous event. Such events include, but are not limited to: acts of government, hostilities, war, natural disasters, fire, flood, strike, power or gas outages, epidemics, etc.
In the event of force majeure, the Organizer will notify the Client by any means, including phone or email, and the execution of the services will be immediately suspended without compensation. If the situation persists for more than 60 days, either party may terminate the agreement without compensation. If the stay cannot be carried out or continued, the services will be canceled, and the Client will not be entitled to any compensation.

Article 13: Applicable Law and Disputes

The Organizer is established in France in a stable and durable manner to effectively carry out its activities, regardless of the location where the services are provided.
These General Terms and Conditions are governed by French law. In the event of a translation of the General Terms and Conditions into one or more foreign languages, only the French text will prevail in case of dispute. In the case of a discrepancy between the French version and any other version, the French version will take precedence.
In case of a dispute or complaint, the Client will first contact the Organizer to attempt to reach an amicable solution. Failing that, the dispute will be brought before the French courts, in accordance with the applicable rules of jurisdiction.

Updated on 24/10/2024